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1 - Well, this depends on what exactly the charge was. If you mean sexual assault of a minor or anything like that, then a pardon will have no effect. DHS does not consider pardons as having any effect for
1) Sex crimes of any kind
2) Drug (controlled substance) crimes of any kind.
3) Firearm offenses.
and some others.
A Pardon is good only for offenses listed specifically in INA section 237(a)(2)(A)(i), (ii), (iii),
or (iv). (Matter of Suh, 23 I&N Dec. 626 (BIA 2003))
2 - He might have a problem with 8 CFR §1003.23(b)(1), which precludes a person who is “the subject of” proceedings from filing a motion to reopen after departing the U.S., but this is a very technical part of the law and you have to consult with an immigration attorney on this. The 9th circuit has allowed people to reopen proceedings when they have come back illegally! (Lin v. Gonzales), but I am not sure what their position is on people who were actually removed.
In general there is a strict time limit on motions to reopen except in asylum and withholding of removal cases, and that time limit is a matter of months - not years.
1) Sex crimes of any kind
2) Drug (controlled substance) crimes of any kind.
3) Firearm offenses.
and some others.
A Pardon is good only for offenses listed specifically in INA section 237(a)(2)(A)(i), (ii), (iii),
or (iv). (Matter of Suh, 23 I&N Dec. 626 (BIA 2003))
2 - He might have a problem with 8 CFR §1003.23(b)(1), which precludes a person who is “the subject of” proceedings from filing a motion to reopen after departing the U.S., but this is a very technical part of the law and you have to consult with an immigration attorney on this. The 9th circuit has allowed people to reopen proceedings when they have come back illegally! (Lin v. Gonzales), but I am not sure what their position is on people who were actually removed.
In general there is a strict time limit on motions to reopen except in asylum and withholding of removal cases, and that time limit is a matter of months - not years.