View Full Version : 48 hrs rule for ICE to pick up


MissHimSo
10-23-2010, 09:51 AM
So I have been reading threads here AND the detention manual, so I am positive it states that ICE have 48 hours to pick up the inmate once he is schedule to release. My boyfriend was suppose to be release on thursday, but he didn't get call in... Not even to let him know he has a hold. Before sending his dress out, I called Records, and it just so happens a parole officer was there and he said they now have 5 business days to pick him up. How true is this? my boyfriend was informed he has a hold when he first got to reception, but hasn't been told anything else. Any words of advice? Is this common? I just have that bit of hope that he might get release today.....

negretelove
10-23-2010, 11:42 AM
i do believe it is 5 days..
in cali INS only picks up from state prisons 2 days out of the week so to avoid any accidental release of an inmate they extended the pick-up time. :rolleyes:

robinbanks
10-23-2010, 05:27 PM
Under INA Section 287, an ICE detainer demands that the custodial authority keep the alien in custody for 48 hours excluding weekends and federal holidays to allow ICE proper time to assume custody of the alien. The detaining authority (ie, the jail) has no proper authority to hold him after that. In fact, the alien can file a civil suit for unlawful detention if he is held beyond that 48 hour period.

The ICE detainer merely requests that the custodial agency detain the alien up to 48 hours past his release to allow them to take him into custody. It's not a warrant. You should get with an attorney ASAP to sort this out. You need an attorney that is familiar with BOTH immigration and criminal law. Don't just go to any attorney because they'll take your money when they have no idea what they hell they're doing. Now, I must add, it's NOT going to get him out of deportation. Deportation proceedings don't follow the "fruits of the poisonous tree" rule. The immigration judge isn't going to care whether ICE dragged the alien out of his house by his hair, kidnapped his dog, and then burned down his house. It's a civil administrative proceeding. But the jail has NO authority to hold him past that 48 hours authorized by the ICE detainer, and he can sue for unlawful detention for monetary damages.

See this for further insight:
http://www.immigrationpolicy.org/just-facts/immigration-detainers-comprehensive-look

aztecp23
10-23-2010, 05:32 PM
I'm kind of in the same situation but my husbands case was over on thursday morning his case was resolved with probation so If it was thursday I wonder when he should get his atty to try to get him released? Until tuesday or by Monday?

robinbanks
10-23-2010, 05:44 PM
I'm kind of in the same situation but my husbands case was over on thursday morning his case was resolved with probation so If it was thursday I wonder when he should get his atty to try to get him released? Until tuesday or by Monday?
If he was sentenced to probation and released from state/local custody on Thursday morning, he should be picked up by ICE no later than the same time on Monday morning (unless this is a holiday weekend, is it?). If they're a few hours late, I wouldn't sweat it. If they're a few days late, I'd look into a lawsuit for unlawful detention.

MissHimSo
10-24-2010, 12:12 AM
Under INA Section 287, an ICE detainer demands that the custodial authority keep the alien in custody for 48 hours excluding weekends and federal holidays to allow ICE proper time to assume custody of the alien. The detaining authority (ie, the jail) has no proper authority to hold him after that. In fact, the alien can file a civil suit for unlawful detention if he is held beyond that 48 hour period.

The ICE detainer merely requests that the custodial agency detain the alien up to 48 hours past his release to allow them to take him into custody. It's not a warrant. You should get with an attorney ASAP to sort this out. You need an attorney that is familiar with BOTH immigration and criminal law. Don't just go to any attorney because they'll take your money when they have no idea what they hell they're doing. Now, I must add, it's NOT going to get him out of deportation. Deportation proceedings don't follow the "fruits of the poisonous tree" rule. The immigration judge isn't going to care whether ICE dragged the alien out of his house by his hair, kidnapped his dog, and then burned down his house. It's a civil administrative proceeding. But the jail has NO authority to hold him past that 48 hours authorized by the ICE detainer, and he can sue for unlawful detention for monetary damages.

See this for further insight:
http://www.immigrationpolicy.org/just-facts/immigration-detainers-comprehensive-look

So.... I CAN look into getting an immigration attorney for them to release him on Monday? HOWEVER, its highly possible that ICE can pick him up anytime after that. Even if he gets release, he'll maybe be home for a few days and could be pick up after that, so technically, I may be paying whatever the cost it would be for an immigration attorney, just for him to be home for a few days. finance is an issue because im a single mom, so i have to be wise about where the money is going and if its worth spending. Ive heard a lot of stories on here about immigration attorney costing so much money and at the end, it still didn't do them any good.

I'm going to do some research and make some calls on Monday. Thank you so much for your help. I really really appreciate it.

MissHimSo
10-24-2010, 12:12 AM
Thank you EVERYONE for your response!

aztecp23
10-24-2010, 12:37 AM
[QUOTE=robinbanks;5738483]If he was sentenced to probation and released from state/local custody on Thursday morning, he should be picked up by ICE no later than the same time on Monday morning (unless this is a holiday weekend, is it?). If they're a few hours late, I wouldn't sweat it. If they're a few days late, I'd look into a lawsuit for unlawful detention.[/QU no is not a holiday weekend. Thanks for the info. I'll be on alert monday!

lost14
10-25-2010, 09:34 AM
[quote=robinbanks;5738483]If he was sentenced to probation and released from state/local custody on Thursday morning, he should be picked up by ICE no later than the same time on Monday morning (unless this is a holiday weekend, is it?). If they're a few hours late, I wouldn't sweat it. If they're a few days late, I'd look into a lawsuit for unlawful detention.[/QU no is not a holiday weekend. Thanks for the info. I'll be on alert monday!

If he had a lawyer for whatever he is in for now, like a public defender they can do the paper work to get him out. My husbands lawyer had everything all set so when his 48 hours were up she would go see the judge and have him sign then fax over to the jail. It didnt work out for us but she said she had done it in the past and it was no big deal. So check with the currect lawyer.

Also a year ago my husband got out on probation (no ICE hold at the time) and he was out for 2.5 months before immigration came so getting out and being able to go to your country on your own terms would be more ideal to me.

aztecp23
10-26-2010, 08:36 AM
ICE Picked up my husband from the county jail, exactly before the 48 hours were up. They sure know what they are doing!

newfoundland
10-26-2010, 11:33 AM
As always you are on the ball with your answers.....:)

c&cg
10-29-2010, 03:14 PM
You can also contact the embasy of your husbands or boyfriend's country. I did, because my husband was being "detained" while ICE made up its mind whether or not they were going to prosecute him for illegal re-entry. He had been detained for nearly 3 months and nothing was being done. I contacted the Mexican Embassy and went to see them. I gave them their information and soon Im going to say within a day or so, ICE decided to file charges. Those 3 months that he was detained did not count towards his sentence because in Fed court it starts to count from the time charges are filed. Now, I can not help to think that maybe the Feds decided to prosecute my husband because the Mexican embassy contacted them about him. There were guys in there with him that had been detained for 6 months and were still waiting to see if charges would be filed. So either way, I think if we would have waited for the Feds to make a decission it could have gone either way.

aztecp23
11-01-2010, 12:16 PM
You can also contact the embasy of your husbands or boyfriend's country. I did, because my husband was being "detained" while ICE made up its mind whether or not they were going to prosecute him for illegal re-entry. He had been detained for nearly 3 months and nothing was being done. I contacted the Mexican Embassy and went to see them. I gave them their information and soon Im going to say within a day or so, ICE decided to file charges. Those 3 months that he was detained did not count towards his sentence because in Fed court it starts to count from the time charges are filed. Now, I can not help to think that maybe the Feds decided to prosecute my husband because the Mexican embassy contacted them about him. There were guys in there with him that had been detained for 6 months and were still waiting to see if charges would be filed. So either way, I think if we would have waited for the Feds to make a decission it could have gone either way.Well an ICE Agent Interviewed my husband last wednesday and read the charges to him but nothing regarding illegal re-entry so he asked him if he wanted to go back ASAP to sign a form that is calles Stipulated removal order and said he would be out in two weeks if not less so hopefully he's just sent back