hey everyone, this is probably a very dumb question but... hypothetically speaking (as we are preparing for the worst) if somebody's residency were to be up in 2017, and the person was deported back to Mexico (has a felony), would that person be free in Mexico or would he be in Mexico Prison? thank you in advance for the replies..
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Unless they were part of a prisoner transfer program, they would have been released from prison to a release status prior to the deportation. As such, no basis would exist for a custodial status in Mexico unless they had charges pending against them in THAT country.
thank you very much for the reply. now i know everyone's situation is different, but for us him being deported seems it would be the best thing to happen vs him sitting 25 years.. this, in a messed up way, gives me hope. thanks again.
a little confused. Is this person currently in prison in the states?
If so, he may have to do the time here, first. Then deported.
My husband is a naturalized citizen. when it was near his out date, they had ins come and check his status.
Since he is naturalized years and years prior, there was no issue with him being sent back. At least none that anyone cared to bring up.
I hope im not saying something untrue. but that was my hubs experience.
he is in prison in michigan. it seems from what i am gathering, currently he would have to serve his full sentence before being released (deported) unless he is part of that prisoner transfer program, which could possibly have him be deported sooner if approved. please, anyone correct me if i'm misunderstanding..
small edit ** also my understanding is with the prisoner transfer program he would stay incarcerated, just in his home country until his sentence is finished?
Last edited by saddestthing; 12-27-2016 at 09:50 AM..
The only international transfer case I ever worked was one that was sent to Mexico in the 80's on a very lengthy sentence. But, since he was outside of the State of Texas, he was not being tracked for a parole review. We got hired because he was subject to old-law mandatory supervision but Mexico was not going to release him until Texas told them the guy was done with his sentence. It took some doing, but we were able to get the necessary paperwork processed to effect the release...
Beyond that, yes, you need to expect substantial time to be served prior to the deportation actually occurring. They don't get a free pass just because they were not a citizen when they committed their felony.
We currently live in Mexico. I would be very Leary of the transfer to a Mexican prison. He is WAY better off in a US prison. The differences in the prison systems are worlds apart. My husband, a Mexican citizen would NEVER EVER want to spend even a week in a Mexican prison. From what I've seen on the news and from families of those incarcerated here, I wouldn't want my husband in one of these prisons.
The up side is that prisoners USUALLY get out sooner here. If they don't get a shorter sentence, you can pay to have them released. That's my understanding of the Mexican prison system. We have lived in Mexico for almost 10 years now. My husband knows someone who was sentenced for 3 murders, served 3 years, his family paid the fine and he's now free on the streets. Doesn't give me confidence in the system here.
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