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Criminal Immigration Issues Dealing with INS and other related issues.

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Old 05-12-2019, 02:07 PM
hamsa hamsa is offline
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Default Immigration Detainer

My ex-husband's federal prison sentence is to finish on 5/29/19. ICE has a detainer on him. I have had enough surprises and unknowns these last 4 years and would love any information about possible scenarios. He has informed me that he will be fighting his deportation and filing for hardship. With a federal felony and several state cases of felonies, I don't see how that is possible but he is. These are all crimes of moral turpitude. He is showing documentation from a neuropsychologist and several others as support. He has also requested from our children and myself that we write letters. I am not writing a letter. I think our children maybe writing letters. What happens upon release? How long does the whole process take? He presently in Allenwood federal. Where do they take him? Information calms my anxieties of the unknown. Any experience either personal or professional is appreciated.
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Old 05-12-2019, 05:16 PM
fbopnomore fbopnomore is offline
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He won't be released by the bop, but rather he will be held until ICE picks him up. What happens then is up to ICE. He will initially be locked up in an immigration prison pending his deportation process. Bond/no bond, etc. will be up to the immigration judge. I have read that the entire system is horribly over stressed with all of the current arrests, so he may experience huge delays before his case is heard in court. He may be given the opportunity to waive his deportation hearings by volunteering to be deported, which should shorten the time he is imprisoned by ICE significantly.

My advice is he needs to retain an immigration lawyer who can explain all of the options that may be available to him.
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Old 05-12-2019, 06:33 PM
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They will not even see him if he does not have a lawyer. Very rare they do. He will go straight to an ICE facility. He could be there for 6months - 12 months if he fights it or longer
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Old 05-12-2019, 09:44 PM
hamsa hamsa is offline
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Quote:
Originally Posted by fbopnomore View Post
He won't be released by the bop, but rather he will be held until ICE picks him up. What happens then is up to ICE. He will initially be locked up in an immigration prison pending his deportation process. Bond/no bond, etc. will be up to the immigration judge. I have read that the entire system is horribly over stressed with all of the current arrests, so he may experience huge delays before his case is heard in court. He may be given the opportunity to waive his deportation hearings by volunteering to be deported, which should shorten the time he is imprisoned by ICE significantly.

My advice is he needs to retain an immigration lawyer who can explain all of the options that may be available to him.
Thanks you for your reply. He has no money for an attorney. So I guess he will sit and dream of the impossible.
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