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Criminal Immigration Issues Dealing with INS and other related issues.

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  #1  
Old 02-01-2009, 12:13 AM
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Default Deportation Process - What Happens?

ok so can anyone give me some input about how the whole deportation process happens? My husband still has some months in state prison.. But lets just say hes done, its his release day!! What happens? He has spoke to someone who told him that he will go before a judge. Is there a possibility that the prison will just let him go? Does INS pick him up exactly on his release date? Where does he go if INS does pick him up? How long will he be there? What is the difference between fighting the deportation or just accepting it? How long is deportation for? Does it matter if he takes it to trial or agrees to leave him self? Is it more or less years for certain things? Please help me out and hopefully I get a better glimpse of the whole situation. This is so hard on all of us. I finally thought that everything would be fine, all of my family is finally legal in the U.S., just to come to find out, soon my husband might not be.... =/ Any input will be appreciated. As you all can see, I am asking everyone, as I need to fina answers to the many questions I have.
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Old 02-03-2009, 10:13 PM
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He will be picked up by ICE on the date of his release. Actually the system will release him to ICE custody only. To what country will he be sent back to. I ask because I do know that for some countries if you volunteer to return and you pay your own way they will release you, but they take you to the airport and make sure you get on the airplane. But, really if it is a Latin American country ICE will hold you until they have that particular mode of transportation filled. Fighting it or just going is really up to you and what the original offense was for. Your numer one step is to speak with a lawyer. Get some sound advice from someone in your area that can direct you to the best situation. Good luck
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Old 02-03-2009, 10:22 PM
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He will be picked up by ICE on the date of his release. Actually the system will release him to ICE custody only. To what country will he be sent back to. I ask because I do know that for some countries if you volunteer to return and you pay your own way they will release you, but they take you to the airport and make sure you get on the airplane. But, really if it is a Latin American country ICE will hold you until they have that particular mode of transportation filled. Fighting it or just going is really up to you and what the original offense was for. Your numer one step is to speak with a lawyer. Get some sound advice from someone in your area that can direct you to the best situation. Good luck

I don't mean to sound stupid but what is ICE
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Old 02-04-2009, 05:26 AM
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I don't mean to sound stupid but what is ICE
Ice stands for (U.S. Immigration and Customs Enforcement) basically they are the ones who deal with detention and removal of of people who have immigration issues, and they also deal with other areas since they are part of the Department of Homeland Security...hope this helps
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Old 02-05-2009, 02:59 PM
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you know, I was reading an article awhile back and it actually listed countries that would not take people back if they were being deported. What's up with that, they just leave them in detention centers? That is not fair at all. They've already done their time in the US and if their country won't take them back for whatever reason, they should not be locked up for years while the US tries to figure out what to do with them. That's just crazy.

joe
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Old 02-05-2009, 08:44 PM
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you know, I was reading an article awhile back and it actually listed countries that would not take people back if they were being deported. What's up with that, they just leave them in detention centers? That is not fair at all. They've already done their time in the US and if their country won't take them back for whatever reason, they should not be locked up for years while the US tries to figure out what to do with them. That's just crazy.

joe
I know someone who was released from county jail into ICE custody in December. They held him for a month while waiting for that country's embassy to accept his arrival. The embassy denied him entrance back to his country. ICE made several attempts with the embassy to get him sent back and they won't budge. So, ICE let him go BUT he has to drive to Chicago once a month for the next 6 months to check in. ICE will attempt again to get the embassy to accept him each month. In the meantime, ICE is helping him get his green card renewed because since he is on parole, he needs to find a job and can't without a valid green card.

He's not sure what will happen if after 6 months his country still doesn't accept him. Does he stay in the states? Does he go back in immigration's custody? I guess he'll find out in 6 months.
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Old 02-05-2009, 09:49 PM
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My husband was p/u on his release date and taken into mexico the same day!
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Old 02-06-2009, 12:38 PM
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Originally Posted by joetnymedic View Post
you know, I was reading an article awhile back and it actually listed countries that would not take people back if they were being deported. What's up with that, they just leave them in detention centers? That is not fair at all. They've already done their time in the US and if their country won't take them back for whatever reason, they should not be locked up for years while the US tries to figure out what to do with them. That's just crazy.

joe
Most of the time, once any criminal sentence is served,they get conditional releases and have to check in with a US Probation officer or ICE office on a regular basis. They are kept track of in case things should change with their home country. They would be found and deported if their country would accept them at a future time. (Which is just as stupid, since they will have gone on with their life here and have more family and/ or community ties to destroy!
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Old 02-06-2009, 12:40 PM
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I know someone who was released from county jail into ICE custody in December. They held him for a month while waiting for that country's embassy to accept his arrival. The embassy denied him entrance back to his country. ICE made several attempts with the embassy to get him sent back and they won't budge. So, ICE let him go BUT he has to drive to Chicago once a month for the next 6 months to check in. ICE will attempt again to get the embassy to accept him each month. In the meantime, ICE is helping him get his green card renewed because since he is on parole, he needs to find a job and can't without a valid green card.

He's not sure what will happen if after 6 months his country still doesn't accept him. Does he stay in the states? Does he go back in immigration's custody? I guess he'll find out in 6 months.
He will most likely just continue with the checking in with ICE. Their are people that have been doing that for years and years. The bad part is that it is hard to truly get on with your life and try to live productively when you never know when you might get yanked up and shipped out on a moment's notice. Gotta love our system!
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Old 02-06-2009, 12:57 PM
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He will most likely just continue with the checking in with ICE. Their are people that have been doing that for years and years. The bad part is that it is hard to truly get on with your life and try to live productively when you never know when you might get yanked up and shipped out on a moment's notice. Gotta love our system!
You're right, Pamela. Raad is having a difficult time getting on with his life because he has no clue what to expect. He is dating someone from his area that he knew before his incarceration. He'd like to get married, but with no idea what could happen to him month to month, he's very afraid to go through with it. I'm not sure why they won't let him re-enter (he was charged with his 3rd DUI and assaulting a police officer - served 2 years 4 months). This could be why. His country may think he is too hostile to bring back because it has already seen its share of violence.
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