View Full Version : Detention and Removal: A guide for Detainees and families


bella
01-21-2005, 10:06 AM
This was taken from the legal aide societies site and is a PDF file.
IT is very informative and there are a few rescourses at the end of it.

http://www.shusterman.com/pdf/detention1004.pdf

nightwatch_04
02-03-2005, 05:35 AM
bella, my question is how do u find someone that is suposively detained in florence arizona by immigration and will be removedThis was taken from the legal aide societies site and is a PDF file.
IT is very informative and there are a few rescourses at the end of it.

http://www.legal-aid.org/Uploads/IMMIGRATIONDETENTIONREMOVAL.pdf

PrincessMami
02-19-2005, 10:26 PM
does anyone know if a inmate gets deported to there country , say mexico , are they then free but just can't return to us? and that means no more prison time here in the us and no prison time in mexico?? thanks!

MorenaRoa
03-28-2005, 08:05 PM
From what I know they get charged for Re Entry and do federal time and then later released to Mexico in which they are not allowed to enter The United States again. My husband is doing four years for Re Entry and as soon as he is done he will be released to Juarez, Mexico.does anyone know if a inmate gets deported to there country , say mexico , are they then free but just can't return to us? and that means no more prison time here in the us and no prison time in mexico?? thanks!

MorenaRoa
03-28-2005, 08:06 PM
From what I know they get charged for Re Entry and do federal time and then later released to Mexico in which they are not allowed to enter The United States again. My husband is doing four years for Re Entry and as soon as he is done he will be released to Juarez, Mexico. does anyone know if a inmate gets deported to there country , say mexico , are they then free but just can't return to us? and that means no more prison time here in the us and no prison time in mexico?? thanks!

Pinklady
10-06-2005, 06:35 PM
My husband is about to get deported in Feb. 2006 am so scared, I want to cry every day. What can he and I expect. He was bought to the U.S. a very young age. So, really he doesn't know anything about Mexico. Do you know where they are dropped off. I have a million questions where do I start? You said your husband was serving 4 years was that because he attempted to enter the U.S. illegally then got caught and now is serving 4 years???

PRINCESA ANGIE
12-09-2005, 01:57 PM
will they tell them if they are going to get deported in advance. my b/f's residents card expired 5 yrs ago and is now in prison. do you thing he could get deported.

4mybrothers2
01-21-2006, 01:48 AM
PrincessMami,
I am new at this web site, i have a brother that is in federal as i speak. He is in jail because he re-enter illegally. The maximum punishment for re-entry is 20 years, the minimum is 2 years. But he came back in 2000 and he used his name and same social sec#. He was working for 5 years with. But he got caught on a drving violation, just cause he didn't turn on his rght signal. If you need more info. just let me know.. or anyone reading this letter. e-mail (personal email address removed per PTO policy)

myssam
01-22-2006, 04:42 PM
my best friend has just done 3 years and his sentance was up yesterday, he has now been taken to a county jail as the immigration people didnt have room for him or other inmates, they may pick him up in a few days, we have heard all different stories about what will happen, some saying that he will get deported, some saying he will have a trial with the immigration, please could you give me some advice, as my friend is going out of his mind

myssam
01-23-2006, 04:31 AM
Just to give you a little more information about my friend, he is a green card holder, and has lived here in the USA for over 10 years. It was a drug offense, and looking at all the posts last night, which were very helpful, it does then look like he has no chance of staying here.
He has in the 3 years he hs served, excepted the fact that he will more than likely be deported back to the UK. But what is this next step all aoubt??? I mean, surely the giverment has 3 years to get thier paper work together for this case of deportation?? does this mean he may have a chance at staying??? Will he get told if he is allowed back into the USA, please let me know as there are so many questions I think he should ask, but, dont know where to start, and soon enough the INS will be picking him up from County Jail again any day.

Pooda4Ever
01-23-2006, 06:04 PM
Hello everyone, I am new on her but i need a little information. My girlfriend is married to an alien and they have been separated for about 7 months. She has not talked to him since the parted and she wants to get a divorce. She contacted a lawyer but he said he will need to know where he lives but she has not talked to him. As far as she is telling me she does not know if he has even went to his interview or not. She just want to know how to get a divorce from him. If anyone has any info please help.

clao
04-26-2006, 04:37 PM
Bella, my brother is in Lancaster,CA by INS, he was released from prison after 3 years and 8 months, he will see the judge on May 5th, he will not ask to stay. Do you know if he will be deported the same day to Mexico, or how much time will it take before his deportation. Thank you,:)

CLAO

minusman
06-08-2006, 05:10 AM
It depends if they're wanted for crimes in their own country. So, if he has warrants at "home" when he gets off the plane, he'll be detained and do his time there too.

Also, the American government usually makes them complete their sentence in the States (for crimes committed there) before sending them to detention, (Which is just another jail, but with no defined time period, A very, very, difficult thing to deal with emotionally)

Good luck !

MM

minusman
06-08-2006, 05:31 AM
No, he won't be deported the same day. It can take months (sorry, even years) They have to do a search and make sure he's not wanted for other crimes in the States, or at home. Also, if he's a violant offender, they have to send a gaurd with him, and they have a back log. Then you have to wait, in case they're (The gaurds) are on vacation, or having a frigging coffee break. It's really unbelievable, and all about money.

He will also need to have a current passport, and a birth cetificate will have to be applied for, if there isn't one available. They (the INS) will need to make certain of his country of origin, is it really Mexico? etc.

It takes time, dependant upon how soon his home country reacts to the request and how fast they do things there. For example: When I was in detention, some African people, that were literally "born in the Jungles" had no birth certificates, there might be a paper, filed some where, signed by the chief of their village (yes, really, this is true) saying "so & so", was born under this-or-that tree, on this-or-that date. Those poor guys were in detention a long, long time. You can't make this stuff up. It's an unblelievable beaurocratic process, but it has to be done in order not to "violate their human rights"

I suppose, in some cases, 3 meals a day and a roof over your head in an American detention center (jail) is preferrable to going back to certain death, or torture and starvation in (Somallia, Haiti, etc).

I'm from England. A major world power, and it took months for me. I had no warrants here (I had never lived here for 32 years) I had a birth cert, but no passport, and they still made us jump through hoops)

In "detention" you have fewer rights than when you're a convict.

Sorry to tell you all of this, but, like I said, it happenend to me, and it was a nightmare. Worse than prison.

MM

minusman
06-08-2006, 05:35 AM
See posts from MINUSMAN


Bella, my brother is in Lancaster,CA by INS, he was released from prison after 3 years and 8 months, he will see the judge on May 5th, he will not ask to stay. Do you know if he will be deported the same day to Mexico, or how much time will it take before his deportation. Thank you,:)

CLAO

minusman
06-08-2006, 05:38 AM
Read posts by MINUSMAN

woodsideny6
06-18-2006, 12:29 PM
Hello everyone, I just joined today and have several questions, hopefully someone can lead me in the right direction. My ex-husband of 11 years has been sentenced to a New York prison and has a release date of 11/2010. He just sent me his immigration papers signed by the judge. He hasn't even finished his sentence and he already had the deportation hearing. He is a native of Colombia and is asking for political asylum to the U.K..We have recently decided to remarry but I don't know how I can or what I can do to make that happen. We have 2 kids who are 14 and 10. One of my questions is can you appeal a deportation ruling or does anyone know how this political asylum work?

angellove77
08-01-2006, 05:44 PM
I am a new user and came across this immigration issue and wanted to tell my brothers story and see if its similar to anyone. My Bro. did 19 yrs for aggrv. sex. asst. he was a legal alien. before he was release on parole, he was told he was being deported. He only stayed in ins holding for less than a week, because he was not fighting extradition. Usually you will get release thru the original point of entry. which was tamaulipas, mexico. They drove him and other inmates, to the border finger printed them and release them to mexico. Fortunatly we knew when he was taken to mexico and my parents went and met him at the border because he also came over here very young and would be lost w/out my parents. Plus he is now mentally ill and disable. It was very, very hard on the family because one of parents had to stay in mexico and care for him. my mom lost her job and her house because she got hurt at work. It has been a nightmare. The sad thing is that he is out of prison but his mind is still there. I wanted to know, he has since come back to the usa. he does not work, or drive or is married. What would happen to him if he got caught? would he be deported or sent back to prison?

Rainbow
08-01-2006, 06:23 PM
Angellove, Your families' story is heart-breakin, but, unfortunately our gov. doesn't care. Most likely if he is caught he will serve time for illegal re-entry and then be deported.
Rainbow

zeta98362
08-01-2006, 08:53 PM
I would tell you brother to be careful , last weeek someone called on my boyfriend and us marhells and border patrol came to our home and got him while he was sleeping .does he have his green card . they probley took it right? well if they catch him they probley will deport him , but he willl probley get time first. I think the whole HOMELAND SECERTIY SHIT SUCKS.. SO DOES THE PRESIDENT OF USA.. they want to give my boyfriend double his time , he was only in trouble for coming back toi the us, they gave him 15 months last time.. ok bye zeta guerrero I am a new user and came across this immigration issue and wanted to tell my brothers story and see if its similar to anyone. My Bro. did 19 yrs for aggrv. sex. asst. he was a legal alien. before he was release on parole, he was told he was being deported. He only stayed in ins holding for less than a week, because he was not fighting extradition. Usually you will get release thru the original point of entry. which was tamaulipas, mexico. They drove him and other inmates, to the border finger printed them and release them to mexico. Fortunatly we knew when he was taken to mexico and my parents went and met him at the border because he also came over here very young and would be lost w/out my parents. Plus he is now mentally ill and disable. It was very, very hard on the family because one of parents had to stay in mexico and care for him. my mom lost her job and her house because she got hurt at work. It has been a nightmare. The sad thing is that he is out of prison but his mind is still there. I wanted to know, he has since come back to the usa. he does not work, or drive or is married. What would happen to him if he got caught? would he be deported or sent back to prison?

zeta98362
08-01-2006, 08:57 PM
ya your right they don't care, that's what's happening with my boyfriend he's being charged with illegal re-entry and they r making it a felony last time and this time.. he did 15 months last time ,they will probley give him more this time.. I don't have faith in any of them.. ok bye zeta guerrero:confused: Angellove, Your families' story is heart-breakin, but, unfortunately our gov. doesn't care. Most likely if he is caught he will serve time for illegal re-entry and then be deported.
Rainbow

chardju
11-11-2006, 08:11 PM
my husband and i were marrried begining of july at the end of july he was sent to jail for dui and in sept he was suppose to be release but ins stepped in and took him to new mexico for trial and he has his trial on 11/13 and only deporting for not going back when he was suppose to and we live in massachusetts and i cant be there and we also have an 6 weeks old son and i sent him in the mail out marriage certificate and our son tyree birth certificate i was wondering if anyone knew if theres a chance he could come home. ( iam hoping he will. i miss him and i dont want our to grow up with out him.)

amartinez516
11-14-2006, 12:57 PM
Hi, I'm new @ this but I have some questions. My husband is in county jail pending transfer to state jail for a sentence. He is on INS hold and is facing illegal reentry charge after that, does anyone know the shortest or longest time feds have taken to pick up someone. Also, is there a certain place they go since they are immigrants??What is the longest sentence you have heard of for illegal reentry?? I know the maximum he is facing is 20 years, he was deported after serving 7 years for aggravated felony, and now after 3 years has been caught without license, he will be transferrred to state soon but god only knows how long before feds catch his sentence, Does anyone have any experience with this?? Thanks:confused:

FELIXSPEACH
11-14-2006, 01:27 PM
What is the state charge he is looking at? Is it only driving without license? I would think if that was all then the feds will come get him soon. And file federal charges for illegal re-entry. My husband is serving federal time for that right now. He re-entered due to very serious health problems. We have been legally married for almost 15 years and we have an 8 year old son. I am an American citizen.
The maximum sentence is 20 years. My husband got 6.4 years. He has been in since Novmeber 2001 and we have 358 days left, so less than a year. It has been a complete nightmare.
After he is released he will be deported back to Mexico and I am going with him. It will be a new life for us and our son but it beats the good ol USA and its screwed up system. Viva Mexico!!!!!!!!!!
PM me if you want to chat or if you have any questions. Good luck.


Kim

chardju
11-18-2006, 06:52 PM
my husband trial has been set now for the 11/27/06. and he was in jail for driving a suspended license mandatory 60 days he served that and ins had placed him from mass to new mexico and now he's in texas. and being charged with not goin back when he was supposed to. and i have sent in letters and copy of our marriage certificate and our sons birth certificate hopefully that will help him too. i wished i he asked for this info in the begining i could've maybe already had it there.

Mrs.Gilbert
12-14-2006, 06:20 PM
Hello everyone,

My fiance was sentenced for illegal reentry after deportation in 2003. He received a 41 month sentence and is scheduled to be released in Feb of 2007. He is a Canadian citizen and had a previous arrest for drug possesion. He served four years (released in 2000) and had a supervisory release for 5 years. Just recently my fiance received a letter from a court in Florida stating that they are requesting that his facility release him into there custody after serving his term there. They claim that because he was arrested before his supervisory release was up that he is in violation of this release and has to serve out the rest of his time. Does anyone know if this is possible? I don't understand how he can be made to serve th rest of this time if in actuality he served that time already while at FT. Dix. I am absolutely devastated. I have been preparing for his release in Feb and now it seems as if this nightmare instead of ending it is starting all over again. PLEASE if anyone has any information or advice it will be greatly appreciated. I am really at a lost. Thanks.

fiñe
02-07-2007, 02:41 PM
Helo every one, my friend is detained and i need to send money to him but im in spain and the post oficce said that its not posible by mail, i tryed with western but they said he needs to pick it up, but obiusly he can´t so i would like to know if there is another way to do it cose it´s urgent...
thanks

zunigan
02-07-2007, 07:46 PM
Maybe Jpay its a new way to send money using a credit card. They need you to reg on the site and set up an account-then it costs now 5.99 or so you could try- I have no idea if your being in Spain if it would work from there. I use it in in the us and its a great and fast way to send money.

Sandy2306
03-29-2007, 07:04 AM
Maybe you can send him money through the Spanish embassy in the area where he is imprisoned. At least that's how it works for my son (a UK national) We pay the money to the Foreign Office in UK and they send the money to their Embassy in Chicago who then forward it to my son in his prison account.

GatosGirl
03-31-2007, 06:02 PM
My fiance my might get deported, if he does how can he re-enter LEGALLY????

krzyszlady
06-24-2007, 01:44 PM
So MM

You are stating that even with a passport and birth certificate and you are requesting to be deported and the country is willing to take you back that it might be years before they even release you from detention center

liz

mrs. nino4life
07-04-2007, 10:33 AM
Hi to all, I'm new on here, so help me out if needed. This is a wonderful site.

MandyMeMe
07-04-2007, 11:37 AM
Hi welcome mrs. nino4life, feal free to ask anything...there is a load of information on this thread...welcome to PTO and Immigration.

chardju
07-05-2007, 06:41 PM
will they tell them if they are going to get deported in advance. my b/f's residents card expired 5 yrs ago and is now in prison. do you thing he could get deported.


its possible because my husband is appealing a decision to get deported they only have him because his visa was expired.

MDawg
07-05-2007, 11:03 PM
My fiance my might get deported, if he does how can he re-enter LEGALLY????

If removed for an aggravated felony, he may never return. If for a non-agg., he must stay away ten years before he may reapply to return.

Just_Be
08-22-2007, 09:11 AM
Hi everyone....I'm new to this thread and was hoping there might be someone here who could answer my questions.

My Husband is a Canadian citizen, but was living here in the US as a perm resident alien. He is currently in prison and has received a notice of an upcoming immigration hearing because his offense is "deportable." Can anyone tell me what happens if they do get deported? Do they get sent away as soon as they are released from prison? Or can they come home to collect there belongings (clothes at least) first? If they also have court ordered probation, does he have to wait until that is also served before going? Will he be free in Canada if he has NO offenses there?

Please help! Thank you!

MDawg
08-22-2007, 11:09 AM
See here
http://www.prisontalk.com/forums/showthread.php?t=256056

Just_Be
08-23-2007, 12:52 PM
Thank you for the link MDawg. I did actually find that post yesterday. :-) While it was very informative, it doesn't really address my particular questions, one of them being WHEN.

Since he is currently incarcerated, it sounds like he would get moved to a detention facility if the deportation is decided upon. Am I right? But, we don't know when? (anytime, after release, after probation??) And from there, it could be days, weeks, or months until the actual deportation?

*sigh*

And if someone just wants to leave voluntarily are they still detained until transported?

I'm so confused!

Thank you!

MDawg
08-23-2007, 02:53 PM
There is no way to know exactly. Usually within a week of parole if it comes AFTER after. But in federal prisons he might be moved a year BEFORE release date, to a federal prison that has immigration courts on site. That guide I wrote is about as complete as it gets for describing the process.

Just_Be
08-24-2007, 06:49 AM
OK...thank you for your help!

He is in a FL state prison and went in for a year and a day on 5/21/07. Actually, if they took him early, I know he'd like that! But, the notice he received only mentioned that a hearing would be forth coming in approx 90 days. That's still another 3 month wait.

sweetj
09-02-2007, 05:37 PM
can someone help, my husband is cuban and he had a detainer but he went in front of the judge and he was excluded and set free before he was release from prison. He is in prison again and he has a detainer again he has already been excluded can they do it twice even though he can't be deported back to cuba?

MandyMeMe
09-02-2007, 08:32 PM
They may give him federal prison time or give him a longer sentence. I'm not sure what you mean when you say he was excluded? So he is in prison now and his prison time is almost up or he has finsihed his second prison sentence? Can you give more info? Welcome to PTO, there is alot of info here...please feel free to ask anything pertaining to immigration..we are here to help.

MDawg
09-03-2007, 12:07 AM
The situation for a Cuban is different. I assume what you mean is he was in the U.S., was convicted of a crime, ordered removed, then put back on the streets of the U.S.

Now he has been convicted of some other crime and is doing time again. At the end of his sentence he will be taken into DHS custody again, held for less than six months, and put back onto the streets of the U.S. again.

We've written about this many times. Just search the forums. People from places like Iran, Cuba, Laos, Vietnam, etc. cannot be removed under the current political situation, because the U.S. has no diplomatic relations with these countries and their countries will not accept them.

sweetj
09-03-2007, 09:34 AM
Thanks for the information

Just_Be
09-28-2007, 09:45 AM
This was taken from the legal aide societies site and is a PDF file.
IT is very informative and there are a few rescourses at the end of it.

http://www.legal-aid.org/Uploads/IMMIGRATIONDETENTIONREMOVAL.pdf


This link does not work for me. Being that this was posted a couple of years ago, I assume it is no longer available.

Onward.......

jailprison
01-11-2008, 12:48 PM
My brother is in a state jail and they have set a bon on him. But he also has an INS hold. He was arrested a few days ago and no hearing yet. They say if we post the sate bond INS people will come and get him. My question is what happens then ? Will he be deported ? Can he request for a deportation ? Or he will be held in Federal INS jail till the state hearing is complete ?

MDawg
01-11-2008, 03:31 PM
This is a very good topic. Please create it as a new thread and I will respond.

ticagirl
02-21-2008, 08:33 PM
My husband got time served for illegal reentry. There are no retainers but the one from Ice but they still have not picked him up. It has been one month. There is a law stating it must be done in 48hrs or it is false imprisonment. Does andyone know how to make sure them enforce the law. Thanks.

ticagirl
02-21-2008, 08:35 PM
My brother is in a state jail and they have set a bon on him. But he also has an INS hold. He was arrested a few days ago and no hearing yet. They say if we post the sate bond INS people will come and get him. My question is what happens then ? Will he be deported ? Can he request for a deportation ? Or he will be held in Federal INS jail till the state hearing is complete ?It depends on the crime but often they have to go ahead and deport once he is out on bond

MDawg
02-22-2008, 12:16 AM
?

naira
02-22-2008, 12:34 AM
All my prayers are wil all of you ladies including myself...

bella
03-14-2008, 10:22 AM
Here is an updated link...hope it helps
http://www.nysda.org/idp/docs/06_ImmigrationDetentionRemovalGuideDetaineesFamili es.pdf

outin09
03-14-2008, 08:46 PM
My husband has been in for 12 years and has an INS hold (Mexico), we have been together for 17 years, married since 1995. He is getting out in 2009, he is an aggravated felon.. With his INS hold will he be detained and possibly given more time for his re-entry? I have been hearing things here and there that could happen.. The last time he got out of prison we got him out on immigration bond, then he was re-arrested and I went to Mexico and got him and brought him back, and then he was re-arrested for this time that he is in so now I am worried that Feds will try to give him more time.. I have waited 12 years, total of 14 by the time he is to be released and I am planning on moving to Mexico with him, I have waited so long to be with him and it would break my heart to be that close and the Feds give him more time.. Can someone answer any questions??

zunigan
03-14-2008, 09:43 PM
My husband was deported in 2004 and I brought him back then he got arrested and did 27 months and was deported again. How they charge for reentry is still something I can not figure out and I have searched and searched and still nothing. There were guys in with him who had been deported 4-5 times and still had not done any time for reentry. They do charge but who they pick? I felt the same way after waiting for the 27 months I was in shock to think he could get years on a reentry charge.

Adrienne
03-15-2008, 03:59 PM
Here is an updated link...hope it helps
http://www.nysda.org/idp/docs/06_ImmigrationDetentionRemovalGuideDetaineesFamili es.pdf

Since that link doesn't work, here it is again:
http://www.nysda.org/idp/docs/06_ImmigrationDetentionRemovalGuideDetaineesFamili es.pdf

timewise123
03-17-2008, 07:21 AM
Link doesn't work. No way he's ever getting back in. Best pack your bags and follow his trail...Italy, Mexico, Cuba, whatever. Or say goodbye forever. Is he worth it? Are you?

LeBeau
03-17-2008, 08:08 AM
Link worked fine for me- odd.

nubiantwin
03-19-2008, 05:04 PM
I haven't posted for some time now. It just so happens that my friend's family member is having immigration problems. The link that you provided for the guide has been extremely helpful. It's given my friend very important information. You know they say that knowledge is power. The information gleened from the material is assisting my friend and allowing my friend to be pro-active in resolving these issues. Thank you so much.

LOWRYDERHYNA
03-27-2008, 09:30 PM
SOMEONE PLEASE HELP ME!
I HAVE MY OLD MAN WHO IS ASIAN FROM LAOS BUT HE WAS BROUGHT HIM IN U.S WHEN HE WAS A YOUNG CHILD. HIS FATHER AND HIS FAMILYWAS BROUGHT ACROSS BY THE GOVERNMENT, THIS ALL HAS TO DO WITH POLITICS. WELL SINCE HE (MY OLD MAN ) GOT CHARGED WITH A FELONY IN THIS TEEN HE HAD SERVED 13 YRS AND HE WAS TOLD THAT HE WILL BE GETTING OUT IN MARCH OF THIS YEAR. HE DIDN'T KNOW HE WAS GOING TO GET INS INVOLVED DUE TO HIS BACKGROUND OF NOT HAVING A GREEN CARD BUT HAVING A PERMIT. LIKE I SAID IT HAD TO DO WITH GOVERNMENT POLITICS. THAT WAS ONLY A DOWN LOW THANG THAT IT HAD TO DO WITH HIS FATHER. NOW THAT HIS FATHER DIED LAST YEAR AND NOW MY OLD MAN DONT' KNOW ANYTHING THAT HAPPEN BACK THEN AND NOW HE IS ON HIS OWN AND NOT KNOWING WHAT IS GOING TO HAPPEN TO HIM. HE HAD RECEIVED THIS LETTER THAT HE IS GOING TO GET PAROLED OUT TO U.S DEPARTMENT OF IMMIGRATION. THEN CALLED ME TO TELL ME THAT THEY ARE PICKING HIM UP AT 3 AM ON THE 27TH. ITS 8 30 PM AND I HAVENT' HEARD ANYTHING FROM HIM. THEY TOOK HIM AND I DONT' KNOW WHERE THEY TOOK HIMTOO. HE CAN'T NOT GO BACK TO LOAS CUZ HE MIGHT GET KILLED FOR HIS FAMILY PAST. WHERE CAN I FIND OUT WHERE HE IS AT? OR DO U THINK THEY WILL EVEN LET HIM STAY OR DO U THINK THEY WILL STILL DEPORT HIM TO LAOS, THAILAND.

madourie
03-29-2008, 04:51 PM
So sorry to hear about your situation. If I were you I would call ICE (Immigration and Customs Enforcement). These are the people who would have picked him up. The ICE headquarters is out of Washington DC, but they may also have an office in the state that he was picked up in. Not sure if this will be the correct number as I couldn't find the main number to the ICE headquarters, but try this number 202-305-2734 and let them know your situation. Someone should be able to direct you accordingly. I hope you are able to locate him soon. Let us know what happens.

God bless!!

LOWRYDERHYNA
03-29-2008, 09:35 PM
So sorry to hear about your situation. If I were you I would call ICE (Immigration and Customs Enforcement). These are the people who would have picked him up. The ICE headquarters is out of Washington DC, but they may also have an office in the state that he was picked up in. Not sure if this will be the correct number as I couldn't find the main number to the ICE headquarters, but try this number 202-305-2734 and let them know your situation. Someone should be able to direct you accordingly. I hope you are able to locate him soon. Let us know what happens.

God bless!!
THANKS FOR REPLYING TO MY HELP LETTER. I JUST FOUND OUT THAT HE WAS BROUGHT TO ARIZONA (WHERE I LIVE ) AND IS IN ELOY ARIZONA. THEY WON'T LET ME SEE HIM YET. I TRIED BUT HE IS CALLIN EVERYONE AND THEY ARE GIVING ME MESSAGES. HIS NEXT COURT DAY IS IN 3-6 MONTHS. HE DID SAY IF HE DOES GET DEPORT HE WANTS US TO GET MARRIED ASAP.

LOWRYDERHYNA
03-30-2008, 04:56 PM
Well he called me and he is in Eloy Detention Center in Arizona. I am going to go visit him this weekend and he is supposed to be there for 90 days for process thru court in deportation processing. He wants me to call his counselor to ask any question that I have so that he knows and I know and we are on the same level. He mentions that the place is not bad at all they serve good food better than the Prison food in California. and its like a college campus and not a prison setting.
boy ole boy but he got me callin in all thses phone calls but at least its not expensive.

shorty1129
04-09-2008, 12:58 PM
Well my case is kind of similar as you guys....And as all of you guys i have so many questions?????
For example my hubby is in jail (sex offender) and now i see that he has a immigration hold.....
He's release day was june/14/2008 but now it doesn't have no release day i don't understand!!!
Is he going to be pick up bu INS soon???? how long does it take????We will not fight the case so you guys think that will help for the process to be more fast....And be sent to his country(honduras) right away...????
I have 1yr complete without being with him....Im moving to his country.....But that's why i want to be sure how long that takes.....And by the way can i buy his flight ticket????:(:(:(:(:confused:

Just_Be
04-10-2008, 08:29 AM
Hi shorty,
Seems like your guy is in a similar situation as mine. My guy was in on a sex offense with an ICE detainer on him. ICE picked him up on 3/3/08, one week before his release date and he is still in custody with them. (39 days now). He had already had his court dates and his master hearing regarding removal.

They've moved him around a little bit, but he thinks that he could quite possibly be going some time next week. We are hoping!

From what I've been hearing, ICE usually picks up on or very near the actual release date. Removal can take UP to 6 months, but it all depends on WHERE they are being removed TO. My man is going to Canada.
Good luck!

colea82
04-25-2008, 09:56 PM
Hi every one my husband has been deported a few time in the 10 years I have know him. He was arrested for illegal re-entry on march 20 th of 07. He was lucky and offered a chance to plead to illuding immagration with a 24 months sentance with 54 days off a year for good behavor. Part of his plea aggreement is that if he comes back after being deported he will go to prison for 20 years. I feel for all of you going though this. I know how it feels to lose someone you love becouse of something so petty. I will be moving to Acapolco Gro Mexico as soon as my husband gets out in december. Hope you all the best and I will keep you in my prayers.

casehound
08-31-2008, 07:07 AM
[quote=bella;962639]This was taken from the legal aide societies site and is a PDF file.
IT is very informative and there are a few rescourses at the end of it.


I tried to go to the website but they removed it. Is there a copy someone can email me?:confused:

casehound
08-31-2008, 07:17 AM
Through the Embassy is the best way unless you have someone you know and trust there who can bring him the money or post it on his account

I empathize
09-02-2008, 08:06 PM
does anyone know if a inmate gets deported to there country , say mexico , are they then free but just can't return to us? and that means no more prison time here in the us and no prison time in mexico?? thanks!
My husband was released 7/30/last days we just knew he was coming home ,once he got to hunstville immigration got a hold of him, you are talking about heartbroken i was mad at the world, well he was released to immigration stayed a couple of weeks and was deported back to mexico thank god that immigration did not give him time as well for returning after being deported the first time. well Aug 15 I was with my husband again holding him and kissing him like my very first time. he was taking from me 11/21. a day i will never forget to be in his arms again,now i have to go to mexico to see him of course it is worth it, but it can be costly. what i want to know is if there is a chance for me to bring my husband back legally.? well time will tell i guess. good luck to all

ulysses
09-03-2008, 08:09 PM
I have a question my husband is in prison had never been in there before, they got him w/ possesion of a firearm and gave him 12 yrs . dose he have a chance to fight it? he dose have a valid visa

svillarreal
10-20-2008, 01:16 PM
My fiance is in county jail for no proof of insurance, he has been there going on 6 months, he has been sentenced to 46 months in Federal prison for illegal re-entry with a prior felony that he has already served his time for and was improperly represented, but the lawyer before passed away. They said after he does his time he will be deported back to Mexico. He has lived in the U.S. since he was 9. He doesn't know Mexico and speaks better english than most americans. Is there anything we can do to keep him from being deported after his time is done? He has kids here in the U.S. His whole family is here. Mother and brothers and sister. What can I do to keep them from sending him to Mexico and if they do can he ever return? :confused::confused:

nyc4life
10-20-2008, 08:42 PM
I'm 99% sure that you cannot stop his deportation because of a) aggravated felony and b) illegal re-entry. What you need to work on is making sure that he is not permanently barred from re-entering the US. Re-entry may be allowed after *ten* years but you will have to marry and sponsor him in order to do that. Sorry to be the bearer of bad news :(

*ETA* ICE has been upholding lifetime bans for aggravated felonies

svillarreal
10-24-2008, 11:06 AM
Who do I check with about him being permanently barred, immigration or the Federal? We do have an application for a marriage licence notorized from the jail. We are working on the marriage part. I can't wait, he is excited also. When he went to court and was sentenced he was also given 36 probation after deportation, does this mean he has probation after he goes to Mexico? Or does that mean after 36 months he can apply to come back here? :confused::confused::confused::confused:

svillarreal
10-24-2008, 11:13 AM
I know how you feel, it frustrates me how they determine who they will send back right of way or give time. I read cases everyday and it makes me sick that the Federal Court picks and chooses. This is my fiances first re-entry with a prior felony and was given 46 months. I have seen cases with 4-5 re-entries with currant felonies being deported right of way or give 6-9 months. Ridiculous! My man is in for no proof of insurance and did his time for the crime he committed 10yrs ago. How is this possible. It make my stomach turn thinking about how they determine who will stay and do time or go back. Some of them are for drugs and weapons charges and get to go home to mx. What kind of justice is this??? :angry:













My husband was deported in 2004 and I brought him back then he got arrested and did 27 months and was deported again. How they charge for reentry is still something I can not figure out and I have searched and searched and still nothing. There were guys in with him who had been deported 4-5 times and still had not done any time for reentry. They do charge but who they pick? I felt the same way after waiting for the 27 months I was in shock to think he could get years on a reentry charge.

mandoswife1019
11-18-2008, 08:19 AM
Probation doesnt go away. He will have it wen he goes to MX. If he comes back and gets stopped, pulled over or anything, he will have a warrant for no show or have violated this probation.

He will have been told how long he was barred for when he was deported. Usually ten years the first time then it goes 25 and then life. My hubby was banned for life the second time.

Who do I check with about him being permanently barred, immigration or the Federal? We do have an application for a marriage licence notorized from the jail. We are working on the marriage part. I can't wait, he is excited also. When he went to court and was sentenced he was also given 36 probation after deportation, does this mean he has probation after he goes to Mexico? Or does that mean after 36 months he can apply to come back here? :confused::confused::confused::confused:

mizgbad
12-19-2008, 08:17 AM
My husband is currently serving a sentence something he did in the military, basically get money for housing from one state when he is ex-wife was living in another state and putting the wrong age on his papers when he came from Nigeria, So the Navy kicked him out and it went to federal court, he was given 9 months which is currently serving, but he informed me since he became a citzen in the Navy and they kicked him because of him putting the wrong birth date and age on his paper that is an immigration issue, he already a citzen been a citzen since 2005, INS picking him from jail, so does that mean I won't see him anytime soon, he is due to get out of jail AUG 09. And does that mean they can still deport him even though he is a citzen?

grniz07
12-22-2008, 09:17 PM
i dont think anything a CITIZEN does is deportable! it dont matter where they were born. so dont worry its probaly just ICE trying to hold him but once he proves his citizenship i believe they will let him go. good luck

pamela_c
12-22-2008, 09:26 PM
Normally that is right - If he actually took the citizenship exam, passed & received his certificate of citizenship, then he cannot be detained or deported. However, if he intentionally lied about his DOB on immigration papers, it could be grounds to invalidate it. This sounds like an unusual circumstance and you should contact an immigration attorney for the best advice. Although, it is strange that they found out about the wrong DOB after all of the immigration stuff was done,

mizgbad
12-28-2008, 10:31 PM
Thanks Pamela_C and grniz07, the issue was when he came from Nigeria he had his birthdate wrong but on his actual immigration paperwork to become a citzen back in 2005 he put his correct age and birthdate, I am trying to tell him to state the fact that after they did his investigation back in 05 they approved him and he has been a citzen since then. Thank you both for helping me understand this issue better.

pamela_c
12-29-2008, 02:04 AM
I do not believe that ICE can hold him or deport him. However, immigration is so complicated, that you can never seem to be completely sure.
Did he have an attorney for the criminal matter? Maybe that attorney could do some checking with someone on this matter, just to be sure.
Good luck. It would be a real travesty of our system if he gets detained or deported. (Unfortunately, our system is currently full of travesties!)

fidelsgirl
12-30-2008, 04:24 PM
Hello everyone, I am new on her but i need a little information. My girlfriend is married to an alien and they have been separated for about 7 months. She has not talked to him since the parted and she wants to get a divorce. She contacted a lawyer but he said he will need to know where he lives but she has not talked to him. As far as she is telling me she does not know if he has even went to his interview or not. She just want to know how to get a divorce from him. If anyone has any info please help.
I, too, was married to an alien. He had gotten deported to Guatemala and never heard from him again. When I went to the court to file my divorce papers, I asked them how I would go about serving him since I didn't know where he was; that surely they would not expect me to go to Guatemala and try to find him. The judge said that I could post a notice in the local paper there, and to send a copy of the papers by express mail to his last known address and bring in the receipts of those two conditions. It seemed silly to spend $15 on an express package that I knew would never go the person intended for, but did it anyway, and finally got my divorce! If you tell the judge to what means you have tried to find him, and then respectfully ask them to give you other ideas to try, normally they will work with you.

ale1995
01-19-2009, 08:19 PM
I would like to know what is the process after jail release and immigration takes you do immigration deports you that same day or the next day or does it take longer than two days. my brother will be out on jan 29,2009 and I need some help since he is in Golden Sate MCCF in CA and I'm in TEXAS. He's been here since he was 9 years old and know he's 30 years old and has never been back to Mexico.
PLEASE HELP.

THANK U

His Girl
02-05-2009, 09:59 AM
My Fiance is at Oakdale detention center in Louisiana, awaiting deportation I am trying to figure out why he has not been able to contact me. They don't have the phone systems like every where else he has been it is through the prison, I should just be able to send him money and it hit the account. Does anyone know what the hold up is. I sent $150.00 by western union 2 days ago. He had someones wife call me to let me know he was trying but it's just not working. Oakdale won't answer there phone. I'm starting to freak out.

Thanks!

Tiffany

pamela_c
02-05-2009, 11:33 AM
In at least some (if not all) federal prisons, inmates have to move money from their normal commisary account to a telephone account to be able to make calls. Plus, if they are within a week of actually being deported, I believe that all accounts are zeroed out, as they get everything ready for them to be deported. I had really good luck getting information from a nice lady that works with the accounts. I think that I got the phone number on the BOP website with the information for the WU transfers. The other option is to call the facility and try to contact or leave a message for the counselor assigned to him.
Good luck with everything!

svillarreal
02-05-2009, 01:44 PM
Try putting money on your phone from your end. I used v-connect or call 1800-913-6097 and see if he can call you collect. This is what my fiance had to do at first.

vannaabernathy
02-23-2009, 07:26 PM
My husband was charged with a misdemeanor and an ICE detainer was placed on him. We have been married for 3 years and have 3 children together ages 5, 3 and 1. Will Immigration be able to deport him? Will they not have any compassion on him condsidering he has a family that he supports? How can we get this detainer lifted off of him? Is there anyway that we can solve this without me having to pack up our life that we have worked so hard for and moving to Mexico?

pamela_c
02-25-2009, 03:10 PM
Unfortunately, ICE is compassion free!! They do not like to deviate from their black and white intrepretation of the laws!
Fortunately for you, from the thread where you have posted and I have replied....... You should be able to keep your honey from being deported!!
Take care!

sweetblonde1977
03-18-2009, 04:53 AM
i'm new in this my husbend get felont AGG DUI/3RD/LIC SUSP OR REV when he was in Stateville Correctional Center Ice take him to the room and lady said "i give you chanse this time but please don't come back" after week they move him to East Moline Correction Center . After week there, Ice put hold on him and now they will move him to diffrent prison with Medium Security . My question it is over , they will deport him? he have green card but i read here and really its nothing now. i don't know what to do and what to tell him.

Mz.Superwoman
04-03-2009, 09:58 AM
I am newly registered to Prisontalk. I am in a similar situation as everyone having a loved one incarcerated who is having immigration issues. In summary, my husband (who I am getting divorced from long story) and daughters father also has a detainer and it seems that there is no hope or chance to stop the deportation. We all seem to have the same questions and all of us may not reach the solution that we want which is to keep them here.

I think that there are some serious issues with this process as everyone else can agree and I think that we need to get some respect and justice. Just because our loved ones are in prison and have made mistakes, they are still people to deserve to have respect.

First, I think that a class action lawsuit should be done against ICE in regards to illegally deporting people on charges that they are not supposed to get deported for.

I also would like to push for it to be a requirement for ICE to provide prisoners with a copy of their detainer, their rights and an explanation of this 'secret', 'mysterious' process that no one can get any clear information from ICE about even when calling them.

These are just two suggestions that I have. What does everyone think??

pamela_c
04-03-2009, 04:38 PM
I agree with you. There definately needs to be more clarity and transparency involved with ICE. Many people don't even understand fully what is happening to them, what their options are or how these proceedings can affect them in the future. Things are not explained clearly. Immigrants are treated as if they have no rights by ICE.
I would be more than happy to participate in a class action lawsuit if you (as will many others here, I'm sure.) if you can locate an attorney willling to take on the battle.

Mz.Superwoman
04-04-2009, 05:05 AM
Thanks. I am going to do some research. I have found that there are some lawsuits going on for different immigration issues. ACLU (American Civil Liberties Union) seems to be involved in many of the lawsuits.

Unfortunately, I don't think that my husband (soon to be ex-husband...long story) has a chance in fighting his deportation since he has an aggravated felony charge but regardless of what the whole process is messed up. Even if this is the outcome, it should not be done this way. I am going to type a very nice letter and forward it to different government officials as well as ACLU and other rights groups that would have a concern on this issue. I will post it up as a message and I strongly encourage anyone who wants to make a difference to do the same because there is power in numbers.

If there is anyone out there who has had or knows someone who has had an illegal deportation. I strongly advise them to contact ACLU for there help in suing ICE for damages and in order to return.

lost in florid
05-03-2009, 04:24 PM
my B/F has been detained by ICE during an interview on 4/23/09, goes to court next week with 1 count of reentry, He was deported due illegal entry 2005. No other crimmal record. He has a work permit,S/S card pays taxes and insuracne, and child support,but not a visa or greencard. What kind of hope do we have

WLKSWTHFIRE
05-31-2009, 04:03 PM
We have a friend who is currently in jail. He was arrested last night for: DUI, No Id, False Identity. A bond was posted for 5000.00 however, INS has a hold on him now. He has court 8am monday, tommorrow. His country is Mexico. Will we have a chance to get him out or will he be deported? How long?
Thank you Wlkswthfire

lost14
06-01-2009, 07:48 AM
Depends. Did they figure out who he was or is he still under the wrong name. Was he deported before? If he was INS has his fingerprints and they will know. If he is still using the false name and that person is legal he might have a chance but I won't count on it.

They will wait till everything is done in county before taking him. If he is given time (which doesn't seem like he would for DUI unless this has happened before), then he would have to serve his time and then he would be taken by INS. I would think he would be given probation and then he will be held until ICE comes to interview him. Then he will probably have to see an immigration judge and depending on his circumstances might be able to fight deportation.

Tammie13
06-10-2009, 12:37 PM
My man is currently being held in a New Mexico detention center. He has been there for 3 weeks and will go see the judge on July 20th. When he will ask for voluntary deportation back to Jamaica. I was told that if I bring his green card and passport plus an airplane ticket he will be able to go home sooner. Is that true? Will he have to stay in the detention center for much longer after going to court?

lost14
06-11-2009, 06:52 AM
I think for Jamacia they require a passport to travel (if going to Mexico they don't need a passport to get in). So INC would request travel documents from Jamacia for your man and depending on the country it might take them a while to get the papers to INS so if you have that stuff it is def. benifical for you to give it to INS.

inmate10077
08-07-2009, 12:50 PM
The worst day of my life. My guy got out of prison today and went straight to a Fed holding center. He will be deported. I'm crying. Any suggestions?

MandyMeMe
08-09-2009, 01:20 AM
Just know that this is almost over...or close to being over...was he deported before? What country is he from? Did you know he was in the states illegally?
Hang in their...we've all been there...maybe starting a thread with your story....that way we can follow you and your situation and offer advice as you need it.
Were here for you:grouphug:

zunigan
08-11-2009, 05:20 PM
If you can go with him. I just know that being away from some one you love is awful. I spent 26 months with him in prison, then 14 months in Tijuana and now he has to be in his state until Jan. I would rather go anywhere with him than be here alone.

Jamaicasbae
09-03-2009, 02:30 AM
I am new to this and my story is my boyfriend just done almost 5 years and was due to get out last week. He did not know that he was getting deported back to Jamaica. My questions are how long does it normally take to deport them? And if has been in the states since he was 11 would Jamaica have any reasons to hold him in prison there? I would be thankful for any help. An is there an ankle bracelet that he could get from immigration?

lost14
09-04-2009, 07:06 AM
Well he might be able to get bail but I am not sure how they handle that with someone that ha served time, especially more then a year.

If he decides to fight he could be in jail for a long time (if he is not granted bail). They like to drag these cases out, could be 1-2 years. If he is not going to fight and signs voluntart deportation it should take about 3 months (not sure exact time on jamaica).

I can't answer on if he will do time in Jamaica. I know in Mexico they do not. I believe in El salvador someone from here her husband was questioned for a few hours but I don't believe that he had any sort of criminal history.

Might want to try calling the jamaica consulate to ask these questions.

MAybe give us a little more hstory on your boyfriend and we can try to help (did he come on a visa?, does he have any family that are us citizens, kids mom brotherr sister etc?).

sad4u
09-20-2009, 04:44 PM
My husband of many years is being detained in a county jail (oklahoma)because of a ice hold and he served 3 and an a half years for a drug crime his brother committed . His brother was illegal and served 4 years and was paroled to the streets and my husband a lpr is stuck in there fighting for his papers and our family. I believe this justice system is a money making scheme here. What gives them the right to take a man from his family even the Bible speaks of not coming between a man and woman. Is there anyone out there that went before a ins judge and had good results.

lost14
09-21-2009, 10:29 AM
Drug crimes are hard to fight. Contact a criminal Immigration lawyer. Also I would not be surprised if they did end up getting you BIL too. They eventually catch up to everyone. Sorry you are going thru this.

2befree
09-25-2009, 11:12 PM
I found it on the internet. Hope will be useful


FROM: DETENTION WATCH NETWORK.ORG

I WAS ARRESTED BY THE POLICE AND I BELIEVE THEY WILL TURN ME OVER TO IMMIGRATION.
If you are arrested by local police, they must charge you with a crime in court within 48 hours (not counting weekends and holidays), or else release you. If police do file criminal charges, then you must still be released if the charges are dropped, you are granted and post bail, you win your criminal case, or you complete your sentence. Even then, the police or jail can hold you for another 48 hours if Immigration has placed a "detainer" on you. If Immigration has not picked you up within this 48 hours, then they must release you. If the police don’t file criminal charges AND if immigration does not file a detainer, call an attorney or community organization to help you get released from police custody. They can write a demand letter to the jail or the sheriff.
DO NOT volunteer information about your immigration status to the police officer. Do not lie! Say only: “I want to speak with my lawyer” or show a “Know Your Rights” card.
DO NOT sign any documents before an attorney has reviewed them.


I WAS ARRESTED BY IMMIGRATION.
You have a right NOT to sign any statements or documents, especially ones giving up your right to a hearing in front of an immigration judge. If necessary, say you want to speak to a lawyer first.
DO NOT volunteer information about your immigration status. Anything you say will be used against you later on. You have the right to contact your consulate. The list of consulates and their phone numbers should be posted in the jail. If not, get the number from your deportation officer. Contact your consulate immediately. If you leave a message, give them your name, A number, where you were arrested, and the name of your deportation officer. The consul may be able to assist you in finding a lawyer or provide other services.

I AM IN IMMIGRATION DETENTION… WHAT ARE MY RIGHTS?
DO NOT LIE to an immigration officer! Lying to an immigration officer and lying about your status carries serious punishment.

DO I GET A TELEPHONE CALL?
You have the right to make a telephone call after you are detained. Memorize the telephone number of your attorney, family member, friend or union spokesperson, and contact him/her immediately. Your phone calls may be blocked. If you have trouble reaching your family or attorney, ask jail staff if they have blocked the number. Also, have your family contact their local telephone company to make sure that they can receive phone calls from the detention center or jail.

WHERE AM I NOW? (IMMIGRATION DEPORTATION OFFICE) Immigration and Customs Enforcement (ICE) Detention and Removal Office is holding you. After you are arrested, you will be placed in a holding cell or temporary processing station where you will be fingerprinted and interviewed. (Sometimes, some processing occurs during the arrest.) After being processed, you will be assigned a deportation officer. Write down the name and phone number of the officer assigned to your case. Your immigration officer should give you a document, called a Notice to Appear (NTA), which contains the immigration charges against you. This document will help you or a lawyer figure out your case. Make sure to ask for the document if it is not given to you within 72 hours of your arrest. Shortly thereafter, you will be moved to either an immigration detention center, local jail, or a military base where you will stay while your immigration case is pending. While detained, you may be transferred to out-of-state facilities. You could be transferred in the middle of the night, so keep a copy of all your legal documents with you at all times. If your papers are stored with detention/jail, ask the staff for your legal papers immediately after you hear that you are being moved. If you think you may be transferred to a detention center far from your home, and you have an immigration lawyer here, your lawyer may file immigration form G-28 with the Department of Homeland Security. They can download it at w w w . immigration . gov / graphics / formsfee / forms / g-28 . htm (please, copy and paste link to your browser’s address bar and remove all spaces) Fax the form to the Deportation Officer immediately. This form may convince the officer to stop your transfer. Make sure that you have your “A number” (alien registration number (A99 999 999), found on your green card or documentation provided by immigration). If you do not have the number with you, contact a family member and ask them for your number. If you never received an “A number,” you will be assigned one when you are processed at the detention center, and you should ask the deportation officer for this number immediately.

WHERE WILL I GO? WHAT HAPPENS TO MY BELONGINGS? HOW DOES MY FAMILY FIND OUT WHERE I AM DETAINED? If your family does not know where you are detained, they should contact the local office of Immigration and Customs Enforcement’s Detention and Removal Branch in the area. They should have your full name and “A number” ready. Contact ICE headquarters at 202-305-2734 if they do not know the number for the deportation office. This information is also available online at: w w w . ice . gov / about / dro / contact . htm (please, copy and paste link to your browser’s address bar and remove all spaces). Tell your family to check the jail’s visitation rules. Some jails require that you provide a list of visitors’ names ahead of time. Tell undocumented family members not to visit you.

What is bond?
A bond is an amount of money paid to the government as a guarantee that you will attend all hearings and obey the judge’s final order. You have to pay the full amount. Bond must be paid by cashier’s check or a bank money order, payable to the Department of Homeland Security. The person paying the bond MUST have some kind of immigration status and identification. He/She can pay the bond at any ICE office. Sometimes individuals are released without having to pay bond. This is called “release on your own recognizance.” You must comply with the terms of release, otherwise you risk being redetained. This is usually granted to individuals with special conditions, like pregnancy.

Do I get a bond hearing?
You should always request a bond hearing! You may not be eligible for bond if you:
(1) have a previous deportation order,
(2) have certain criminal convictions,
(3) were arrested at the border/airport or
(4) the government suspects you have terrorist ties.

What if I have a criminal record?
You should get a copy of your criminal history and have an immigration attorney experienced in deportation review it to see if you are eligible for bond. You can get information from the County Clerk’s office in the county in which you were convicted or from your former criminal defense attorney. When you are detained, immigration will register and mark all your personal belongings.
Ask for a receipt of your personal property. This is the only evidence that you have personal property. The property may be held at the deportation office or it may travel with you from facility to facility. DO NOT count on immigration to help you with tracking your property or managing your personal property at home or at work. Your property should be returned when you are released from custody or deported.
Make sure your legal documents are not processed as “personal property.” Because you want quick access to your legal documents, always ask to keep your legal documents with you. If you are unable to keep the documents, you have the right to access your legal documents at any time. Ask the facility staff about accessing your legal material if they take it away from you. Also, make sure that your family has a copy of all immigration papers and legal documents (e.g., birth certificates, marriage certificates, passports). Although you have the right to access your other personal belongings, these requests are regularly denied. However, feel free to make requests in writing to the facility staff.

HOW DO I GET OUT OF DETENTION? ASK FOR BOND!
You do not have a right to a free attorney in immigration proceedings. However, you have the right to obtain a lawyer at no cost to the government. You also have the right to represent yourself. Once detained, you will not have much time to find an attorney before your case is completed, so it is very important to contact an attorney as soon as possible. Your deportation officer should give you a list of free legal service providers in the area. If not, ask for a copy right away. If these organizations are not able to help you, ask them for referrals for immigration attorneys who specialize in deportation.

What if I cannot afford to pay the bond?
You can ask the immigration judge to lower your bond at the bond hearing. The judge has the power to decrease the bond to $1,500.

What should I bring to the bond hearing?
In this hearing, the judge considers whether you present a danger, a national security threat, or a flight risk. You should submit any documents that show you have a permanent address, stable employment, relatives with legal status in the United States, and any evidence of strong ties to the community. You should also ask family and friends to attend the hearing and to testify to these issues or send written letters of support. GET A COPY OF YOUR IMMIGRATION FILE: Always ask for a copy of your file. You can send a formal “Freedom of Information Act” request to the Deportation Office. You can also ask the immigration judge to give you a copy of your file, or at least, unfavorable evidence against you.

IMMIGRATION HEARINGS

Will I have a hearing?
If you do not get a hearing, find out why! You may not have a hearing if you have certain criminal convictions, were arrested at the border/airport, or received a prior deportation order. In some cases, you may be able to challenge the reasons why you don’t have a hearing. If you believe the court is taking too long to schedule your case, ask for a bond hearing.

What if I am afraid to return to my country?
If you are afraid to return to your country, notify your deportation officer and the Immigration Court immediately. You may be entitled to an interview with an asylum officer or to raise this issue in court.

WHERE DO I FIND AN ATTORNEY?
Make sure to hire an attorney who specializes in deportation. Don’t be tricked by people who are only after your money! Make sure your attorney has a copy of your NTA before they make any promises about what they can do for you. Request a written contract from your attorney before paying him/her. This contract is called a “retainer agreement.” Always keep the complete name and contact information of your attorney with you at all times. If you are not happy with your attorney, keep a record of your communications with your attorney in the event you need to make a complaint.

Where will my hearing be held?
It will be held at a local immigration court or a court inside the facility or conducted through the television. In that situation, you must file a “Motion” (request) for an in-person hearing. Regardless of whether you have an in-person hearing, your attorney can appear at the Immigration Court on your behalf. Document in detail any abuse or detention condition violations or serious medical or mental health concerns. Include: date and names of the immigration or jail officers who may be involved. File a complaint with the jail and send copies to the local ICE office, the head (warden or sheriff) of the jail, a human rights or civil rights organization, like the National Immigration Justice Center.

Do I have a right to an interpreter?
You have the right to an interpreter at your main hearing if you do not speak English. Make sure that you or your attorney asks the judge for an interpreter at the Master Calendar Hearing.

When is my hearing?
To find out when your next hearing is scheduled, call: 1-800-898-7180. This is the automated hotline for the immigration courts. Have your “A number” available.

How many hearings will I have?
You will have at least one hearing. A “Master Calendar” Hearing is a short hearing before the immigration judge. During this hearing, you may ask the judge to postpone or “continue” the hearing to another date to allow you to find an attorney. If you don’t want to fight your case, you can ask the judge for voluntary removal or deportation. If you want to fight your case or ask for more time to find an attorney, you will normally be rescheduled for another “Master” hearing. If you are forced to proceed without an attorney, deny the charges (this may force the government to prove the charges). If you are applying for a way to stay in the US legally, you will have a separate “Individual” Hearing to present your case to the immigration judge. You should bring any relevant documents and witnesses to testify at the hearing. You may not receive an individual hearing if the judge thinks that you are not eligible for any relief.

How do I obtain legal information?
Your law library should have information on immigration law and procedure. If you do not have a lawyer, you can also write to your local service provider or Detention Watch Network w w w . detentionwatchnetwork . org (please, copy and paste link to your browser’s address bar and remove all spaces).

The Florence Immigrant and Refugee Rights package has excellent legal materials:
Florence Project Main Office,
2601 N. Hwy 79, PO Box 654,
Florence, AZ – 85232.

For specific legal questions, contact the
National Immigration Project of the National Lawyers Guild
14 Beacon Street, Suite 602,
Boston, MA 02114.

Families for Freedom also has excellent information for detainees.
Families for Freedom
2 Washington Street, 766 North
New York NY 10004.

HOW DO I SEND THE GOVERNMENT A COMPLAINT ABOUT DETENTION CONDITIONS?
Make sure all the people are listed on the same complaint. Send copies to family and your lawyer. Then, try to resolve the issue with your deportation officer or local Immigration and Customs Enforcement (ICE) office.
If local authorities fail to respond, submit the complaint in writing to the following offices:

Mr. Timothy Perry
Acting Chief of the Detention Acquisition and Support Branch
ICE Office of Detention and Removal
U.S. Department of Homeland Security
801 "I" Street, Suite 980, Washington, D.C. 20536.

Department of Homeland Security
Mail Stop #0800
Office for Civil Rights and Civil Liberties
Washington, DC 20528.
Tel: 202.401.1474, 202.401.0470 (Local TTY);
Toll Free: 1.866.644.8360;
E-mail: civil.liberties@dhs.gov.

If the complaint concerns medical and mental health care, send a copy to:

Captain Philip Jarres
Branch Chief of Field Operations for the United States Public Health
Service
1220 L Street NW, Suite 500,
Washington DC 20005.
Tel: 202.732.0100;

After reporting the complaint to DHS, please send a hard copy to the National Immigrant Justice Center. This organization has a database of complaints about treatment or abuse in detention centers. Information from this database will be used to document trends in detention centers. Your personal information will be protected.
1. National Immigrant Justice Center
208 S. LaSalle Street, Suite 1818
Chicago, IL 60604

2. American Bar Association
Commission on Immigration,
740 Fifteenth Street, NW,9th Floor
Washington, DC 20005-1022

MandJ
09-26-2009, 12:45 PM
My sons father just recently got transferred to IAH in Livingston, Tx. I was born here but he wasn't. I went to go get the paper work for a proxy marriage. But I cant personally give him any papers . And I don't know how long it will take for him to receive it through mail, and I'm not to sure they will even give him the paper. I really don't want him to get deported. If anyone has any advice or has been through this please help me. I'm so confused.:confused::confused::confused:

MsMelody
12-10-2009, 08:05 PM
[quote=bella;962639]This was taken from the legal aide societies site and is a PDF file.
IT is very informative and there are a few rescourses at the end of it.

Thanks for the shusterman INS reading. It helped calm my fears and anxiety a bit by having a general idea of what goes inside an immigration court. My fiancee was born in a refugee camp in Thailand but the rest of his family was born in Laos. I have been told, through him, that he has met several guys who were in a similar state and they did not get deported because Laos does not have a Repatriation agreement with the US. I guess if someone was born in a refugee camp, he/she is not considered a full citizen of that country (for Thailand). That's what I've been told but don't know if that is the whole truth. Now, I am waiting for him to come home, hopefully, in January 2010 (with earnest prayers). "Ask, and it will be given to you; seek, and you will find; knock, and it will be opened to you." Matthew 6:33 :yes:

Lariska
12-10-2009, 11:28 PM
I am looking for a very good criminal immigration attorney. There are a lot of them out there, but I am having trust issues after dealing with our very expensive criminal attorney for over a year. If anyone can recommend an attorney with a proven record, that helped them or their loved one, I would really appriciate it. I am in San Fernando Valley, but it really doesn't matter where the attorney is located as long as he is good.

cheliel1969
02-16-2010, 04:22 PM
is there a phone number i can call to get an appeal going?

cheliel1969
02-16-2010, 04:24 PM
I am moving to Tijuana to be with my honney and i am a bit scared. is there anyone already living there that can tell me what i am in for.

sedonamom
03-09-2010, 06:06 PM
I am new to this site and am wondering if anyone has any helpful information on the deportation process in AZ. My English husband of almost 13 years was recently convicted of sexual misconduct with a minor (mutual sex once with an underage girl pretending to be of age when we were having massive martial issues). He is a legal resident but not a US citizen which reclassifies the charge into an aggravated felony (instead of a misdemeanor). His sentencing is the end of this month. We spent every possible penny we had on his lawyer who did a lot less than I thought he would for such an enormous fee (think enough to buy a nice brand new BMW). Anyway we have zero money left for an immigration lawyer and have NO idea what the seemingly inevitable deportation process is. His expensive lawyer can't help us as he is a criminal lawyer and knows nothing about immigration.
*Does anyone know if he will be detained directly after his sentencing? We live in AZ. His passport is expired and we have just now been able to apply for a renewal but that is said to take 4 to 6 weeks.
*Does anyone know if this will make his detention longer? I have seen people say that the detention process waiting to be deported is worse than jail. He had a horrible time in jail as he is epileptic and they didn’t give him ANY meds for over 30 hours and then when they finally did give him meds they gave him the wrong ones so he had 4 seizures in the 10 days he was in before we were able to post bail. I am very worried that if the detention center is even worse they won’t give a rats ass if he has his meds or not.
*Does anyone have any information on this? He could possibly die from a seizure (he has grand mal seizures when sleeping) and we have 3 small children at home. I am trying to deal with this, with trying to plan a move to England while figuring this all out and with having to be with the kids by myself while he is detained and then deported. We have been in contact with a consulate and the prisoners abroad organization but no one seems to know ANYTHING about the deportation process other than it doesn't seem to be regulated at all and can take 30 days to 2 years. UGH!!!!!

c&cg
03-11-2010, 01:18 PM
I need some information...
My husband was deported in 2006 from a state institution. He came back and they arrested him for being here illigally. He was sentenced to 47 months in the federal prision. He's release date is early november and i am wondering if any one know if the federal prision system deports their detainees back to mexico on their release date or will he be held until they feel like deporting him. Thank you.

emyj19
03-12-2010, 12:30 AM
Hi, I'm new and like many others, I have many questions. My husband was deported Jan 2001, after serving in TDCJ in Huntsville for 2 years, his charge was sexual assault, he was deported. I met him April 2001, he came back pretty soon after, his entire family is here. Well, 9 years later, 2 kiddos, one of his "friends" ex husband called HPD on him, told them that he was a sex offender and illegal. HPD picked him up for not being a registered sex offender. Well our system is pretty screwed up, because he coudn't get a DL without being registered and he couldn't register without an ID so, he served 6 months again in state. He was released 02/02/10, we thought, "OK we're going to Mexico." ICE spoke to him, told him he'd be deported in 3-5 days as we had expected. A montha later, U.S. marshalls pick him up from ICE, and..yeah...Federal is charging him with Illegal re-entry. I sold everything here, bought a house over there, kids room's are ready, they've been registered for school for the following school year and now, he's been told he's looking at 5-6 years! WTF!? I've talked to lawyers and they all tell me there's nothing i can do.
Has anyone's sentence been lowered any? I've also heard of writing letters to the judge...has anyone tried that? I know he has to do time, I GET IT, but what am I supposed to do? What can I do? Thanks and sorry I had to vent, no one understands unless they've been through it.

c&cg
03-12-2010, 04:27 PM
You know I wrote letters to the Judge and it didn't help, but I don't see how it could hurt.

RafasPrettyLady
05-10-2010, 02:48 AM
I was hoping someone could help me out wit some information. My husband was deported from a county jail a couple of years ago when he signed a voluntary departure. He came back and is now serving prison time for violation of probation he already has a INS hold but my question is if he will be charged with federal charges for illegal re entry?

FalseHopes
05-24-2010, 09:42 AM
I was hoping someone could help me out wit some information. My husband was deported from a county jail a couple of years ago when he signed a voluntary departure. He came back and is now serving prison time for violation of probation he already has a INS hold but my question is if he will be charged with federal charges for illegal re entry?

Yes, he will be charged, Minimum of 2 years.
After which, he will then have to go through INS proceedings, which can take time. Then deported. INS works on their schedule. They tell you nothing.

Good Luck

4charlie
05-24-2010, 01:45 PM
Hi I'm going through the same situation, we live in California, but Immigration transferred my fiance to Arizona and is now in Louisiana. I asked the correctional facility if they know when he will deported and to where? But all I got was a "I don't know" any tips. His mom only has a Green card, however his three brothers are U.S Citizen and we have 2 daughters born here 10 and 11 yrs old. Help!!!!

FalseHopes
05-24-2010, 02:13 PM
Hi I'm going through the same situation, we live in California, but Immigration transferred my fiance to Arizona and is now in Louisiana. I asked the correctional facility if they know when he will deported and to where? But all I got was a "I don't know" any tips. His mom only has a Green card, however his three brothers are U.S Citizen and we have 2 daughters born here 10 and 11 yrs old. Help!!!!

INS will try and deport him to the country in which he was born.

If he was not a "birthed" citizen, then his chances are very slim.
His brothers citizenship does not help.
Having children with a citizen, or children born here, will not save him.
His father's "Resident Alien" status will not help.

His only arguments would be:
- if you can show that he became a citizen before his crime
- if you can prove that if returned, he will be tortured or his human rights will be violated.

I am sorry to be so blunt, but this is a very sad subject.

F.Y.I
Here are a few things that will prevent him from being deported:
- The country no longer exist so deportation will be impossible
- The country will not recognize his citizenship
- The country will not issue travel documents

CLARI2329
06-19-2010, 11:06 AM
Help please well my hubby was in pam lynchner state jail and he got released on the 17 th but immagration held him since he does have permision to be here but since he was locked but they might take away his papers i dont know where he is held all i know immagration has him and i would like to know if anyone can please give me the number so i can get his information to send him money there in immagration in houston texas thanks !

cramsey113
06-20-2010, 10:15 AM
[QUOTE=bella;962639]This was taken from the legal aide societies site and is a PDF file.
IT is very informative and there are a few rescourses at the end of it.



My boyfriend is going to be attending his last court appearance in 2 days, the 22nd. He has been in jail with an immigration hold for almost 5 weeks just waiting for all of the court appearances and what not. He told me and I've read online that after the jail is done with him, his court dates are all over, ICE will only have 48 hours to pick him up. He told me that this actually does happen, I was just wondering how often it happens? If the jail does release him, will immigration be looking for him still or will they just forget about him? I talked to my boyfriends uncle and he said he has the bail money ready as soon as he calls so we can get him out of there as fast as possible.

Thank you for your help. It was great to find a place that is so supportive instead of just judging.

lost14
06-21-2010, 07:11 AM
Well once his court is all over they will hold him for Immigration. Yes it is 48 hours, not counting weekends or holidays. Back in the day they might not get to someone in time but I believe you have to go and demand that he is released (possibly with a lawyer). Even if he got released they would come looking for him. My husband was arrested for a misdemeaner stayed in jail a week. Never had a ICE hold. Plead guilty and got probation. 2 months later Immigration was at our door. So they will come looking. Don't get your hopes up that they won't come. They do come and if that slim chance they don't well they will come looking.

Sorry but just wanted to be honest with you.

bacotangels
06-27-2010, 05:17 PM
Hi Im new to this but my boyfriend is being transfered to calipateria on thursday he has a hold, and this will not be his first deportation, BUT this will be his first deportation from CA state prison. When he was in county jail they put the hold on him but it said there was no court date for the hold, will he just deported or will he have to do time for re-entry?

lost14
06-28-2010, 06:58 AM
Hard to say...sometimes they just deport and sometimes the charge. We are in the same position...waiting to hear.

From what I have heard if you have an aggrivated felon you have more of a chance of being charged. MY hubby will have 2 misdemeaners so hoping they don't charge.

bacotangels
06-28-2010, 07:34 PM
For mine this is his first felony.2yrs ago judge told him to mail monthly reports in from mx,the only way for him 2 get his reports were 2 go pick them up,(of course he couldnt pick them up if hes in mx)so they put a warrant out for "failure to report within 5 days of release".Just a bunch of BS.I hope yours doesnt get charged.

wandagrumpy
11-07-2010, 05:07 PM
my bf is in jail and he is a citizen do u think he still get deported immigration has a detaainer on him because of somethin he did time for 6 yrs ago or can he fight that

Gorda4ever
11-07-2010, 07:55 PM
My husband is in state prison In az but he has a hold on ice after that will he get transfered to ice then get deported right away also if he has money in his books will he get it once hes released and are they able to make calls any info plz help

Mz. gonzalez22
11-07-2010, 09:47 PM
My husband is in state prison In az but he has a hold on ice after that will he get transfered to ice then get deported right away also if he has money in his books will he get it once hes released and are they able to make calls any info plz help

I'm almost positive that if an inmate has money in his books, he will not get it when he is released. I had the same experience with my ex (here in AZ) and they didn't give him the money back. As for phone calls, they should be able to make phone calls from jail/prison. If it's to a cell phone then you need to set up an account that allows you to accept inmate phone calls (you can call the jail and ask them which company they use), and if it's on a house phone then you should be able to accept them with no problem. When your husband gets transfered with ice, they usually let them make a few phone calls, I don't believe the inmate needs funds to do that. You will just pay for the call. These were my experiences with the whole system before, so I'm not sure if things are different.

Gorda4ever
11-08-2010, 10:04 PM
But do u know if they need to have money in his books when he is transfered to ICE cuz i been told that they need to have money in order for then to get deported to mexico and if they dont it takes longer to get deported also do u know were they leave then at when they take then to mexico

zunigan
11-09-2010, 07:58 AM
my bf is in jail and he is a citizen do u think he still get deported immigration has a detaainer on him because of somethin he did time for 6 yrs ago or can he fight that

If he a citizen of the usa he can not be deported. In rare cases they have taken somones citizenship away but that would be for something so bad like what happened on 9/11. Thats why these guys if possible should become citizens that way they can stay in the usa do the time and be released here to try and stay out of trouble.

zunigan
11-09-2010, 08:01 AM
My husband is in state prison In az but he has a hold on ice after that will he get transfered to ice then get deported right away also if he has money in his books will he get it once hes released and are they able to make calls any info plz help

They should get all money on books. The only exception would be if they owed something to the court or prison. Otherwise money is given to them just before they cross into Mexico. They cannot hold money if it is owed to them.

zunigan
11-09-2010, 08:05 AM
But do u know if they need to have money in his books when he is transfered to ICE cuz i been told that they need to have money in order for then to get deported to mexico and if they dont it takes longer to get deported also do u know were they leave then at when they take then to mexico
Money has nothing to do with them getting deported. I they have no money it just means they won't have any when they cross into Mexico. I put money on my husbands books a month before he was released and deported so he would have money for food, a motel and anything else he needed until I could get to Mexcio. He paid for his motel, got himself some good food, a beer and bought some clothes. When I arrived there in Tijuana he was resting and felt good with his belly full of food, not the crap they give them in prison. But remember they can and will take money from what they have if they owe anything.

zunigan
11-09-2010, 08:06 AM
Oh one last thing, if they are in CA they usually go to San Ysidro. In AZ its usually Nogales. You can have him ask around where he is being held as others might have already been deported and are again going to be they can tell him where he will probably go.

Gorda4ever
11-11-2010, 01:18 PM
Oh one last thing, if they are in CA they usually go to San Ysidro. In AZ its usually Nogales. You can have him ask around where he is being held as others might have already been deported and are again going to be they can tell him where he will probably go.

well he actually has like charges that he got to pay once hes released from there but like he cant call me or nothin he can only write me hopefully he tells me in this coming up letter that way he will have money thanx...

Gorda4ever
11-11-2010, 01:22 PM
Oh one last thing, if they are in CA they usually go to San Ysidro. In AZ its usually Nogales. You can have him ask around where he is being held as others might have already been deported and are again going to be they can tell him where he will probably go.

When ur husband going to get deported did they deport him right away like right after his release day or did the stay with ICE for a while or is it usually quick my husband supposed to get released dec 11

alex5357aa
01-13-2011, 02:42 PM
hi how many time ICE will takes to put a hold on prisioners in federal prison?

glambeautiful
02-03-2011, 02:01 AM
hello,
my husband is in county jail at this time and still waiting to have a court hearing. but he does have INS hold. i wanted to know if i am a citizen i should put in paperwork now or wait until i know if he will be convicted for a felony?

LadyBlackz
02-03-2011, 02:44 PM
hello,
my husband is in county jail at this time and still waiting to have a court hearing. but he does have INS hold. i wanted to know if i am a citizen i should put in paperwork now or wait until i know if he will be convicted for a felony?

Get a hold of an immigration lawyer before you do anything Sweetie. Good Luck to ya. :)

mpenzi
07-18-2011, 09:12 AM
The law is very unfair.

cbailey
07-18-2011, 10:01 PM
i am going through the same thing with my boyfriend, he has an ins hold and is now doing 12 months in a state facility, he has been here since 1996, i found out that he was once deported and came back in another name, so how does ins discover this information. he has a green card and has been working since he got here. what is the reason for the hold, ins said they want to check his status, right now he is out of status because his green card has expired.

cbailey
07-18-2011, 10:04 PM
its possible because my husband is appealing a decision to get deported they only have him because his visa was expired.

my boyfriend has a detainer from ins because his green card has expired

Planegirl
08-17-2011, 03:52 PM
I have a question as I don't understand the logic behind anything to do with this process. My friend served a jail sentence for conspiracy to traffic, released into ICE custody in TX, now transferred from Rolling Plains to Euless city jail - what does this mean? Will he be deported soon to our home country of Canada? He has no US immigrant status, and I can't understand why they would keep him - it's been about a month now. I know it can take many months, but I can't understand why, when they just want him out and he wants out! I can't understand why they would keep him longer, or how they are permitted to, as his time is served and he wants to be deported - any one have any experience with this to share?

phoenixrising_3
09-28-2011, 06:46 PM
Can someone help me with my question, I am new to the site: My girlfriend is serving federal time for a drug charge. She has been here all her life and has a permanent resident card. They took it at the time of arrest and she now has a hold? If she sees the judge and shows paperwork that she has always lived, worked, and has children here is it a good chance she can stay?

chuckyswife909
12-07-2011, 12:31 AM
Can someone help me with my question, I am new to the site: My girlfriend is serving federal time for a drug charge. She has been here all her life and has a permanent resident card. They took it at the time of arrest and she now has a hold? If she sees the judge and shows paperwork that she has always lived, worked, and has children here is it a good chance she can stay?

nope .... they can still deport her ....

Test of time!
04-28-2012, 05:53 AM
It. Sure is BS my husbandjust got violated for16 most fir not. Reporting and doing urine tests within 72 hours of release how the heck was he supposed. To report if immigration took him straight to Nogales fromAZ.

ladybetty
06-02-2012, 12:46 PM
thanks for the PDF> Very helpful

kristiesgma
03-13-2013, 11:39 AM
Hello everyone, I am new on her but i need a little information. My girlfriend is married to an alien and they have been separated for about 7 months. She has not talked to him since the parted and she wants to get a divorce. She contacted a lawyer but he said he will need to know where he lives but she has not talked to him. As far as she is telling me she does not know if he has even went to his interview or not. She just want to know how to get a divorce from him. If anyone has any info please help.


I too am in the process of divorce and to my knowledge, whether her husband is legal or not is of no consequence. If so cannot locate him then she will have to file for, I cant remember exactly what its called legally but it's where they publish notice of her motion for divorce in the newspaper. If after a period of time he does not respond, I think its 20 days but Im not sure, she will then file a motion for default get a hearing in front of the judge where he will then grant her a divorce. She does NOT need to know where her spouse lives. Nor does she need to hire an atty if she cannot afford one. The paperwork is really quite easy to do yourself and you can download it off the internet. There are also local legal aid services available in nearly every state. Good lucc!:):)