Notice to new members intending to register - from January 9th 2012

d'angel · #1 06-23-2012, 01:19 AM

My fiancee was detained for probation violation, running from the police and driving with a suspended license and vehicle accident which occurred before the other 2 charges. He entered with visa and now has a hold stating that he illegally entered and his visa he not expired? Detainer states may or may not be deported? Can someone please help me understand? Also when he was arrested the police officers fractured his wrist and we are we filed a civil case, does he get to fight his case in custody or will they release him with supervised conditions?

negretelove · #2 06-23-2012, 10:23 AM

My fiancee was detained for probation violation, running from the police and driving with a suspended license and vehicle accident which occurred before the other 2 charges. He entered with visa and now has a hold stating that he illegally entered and his visa he not expired? They pretty much run everyone through the ICE system they may just be verifying whether or not the charges are deportable.

Detainer states may or may not be deported? his case is just under review

Can someone please help me understand? Also when he was arrested the police officers fractured his wrist and we are we filed a civil case, does he get to fight his case in custody or will they release him with supervised conditions? he can file and proceed with the case while in custody but if he was running and or resisting arrest it will be hard case to prove.

welcome to pto and the immigration forum we are here to support and help with answers to your questions

d'angel · #3 06-26-2012, 11:53 PM

Thank u so much for ur reply and information, i have a better view of how things are handled!

negretelove · #4 06-27-2012, 10:22 AM

http://www.ncids.org/other%20manuals...hapter%203.pdf

the above link has a list of deportable offenses you can also google the specific charges to see if they are deportable. hope this helps

robinbanks · #5 06-28-2012, 11:30 PM

If a detainer is filed against him, then the government is SUPPOSED to have reasonable suspicion that he is illegally present in the US. If he's here legally on a visa and all he has is the charges you listed, then his lawyer needs to call ICE and tell them to lift the detainer immediately. They have no reason to hold him further.

However, are you certain you're sure of the entire background of his case? Was he on a student visa? Is he still enrolled in college? That sort of thing...

FYI, the government may argue that fleeing police is a crime involving moral turpitude. It will depend on how the state statute is worded. If that's the case, then he may have some severe problems.

Good luck to you.

d'angel · #6 07-13-2012, 12:25 AM

Yes i am sure of his charges i have been at every court. When you say his lawyer should call ICE do u mean an immigration lawyer or the one handling the civil case?

brownvixen23 · #7 07-23-2012, 10:08 PM

Hello. My husband is locked up for 9 months on a D Felony Charge, Ill Poss Of Weapon in Mtr. Vehicle. He has never been in the system and this is his first conviction/arrest. He's a Permanent Resident. I was wondering what does it mean to have an Immigration Detainer??? No one from ICE has spoken to him as yet and he's been locked up for 5 months out of 9 so far. Any ideas of how this could go or any suggestions on what we can do???

*SimplyMe123* · #8 07-23-2012, 11:15 PM

Hi brownvixen23... Welcome to PTO and the Immigration forum. Read through the posts in this thread, and I'll believe you'll find the answers you need. negretelove has already posted some very helpful information.

negretelove · #9 07-24-2012, 08:54 AM

Quote:

Originally Posted by brownvixen23

Hello. My husband is locked up for 9 months on a D Felony Charge, Ill Poss Of Weapon in Mtr. Vehicle. He has never been in the system and this is his first conviction/arrest. He's a Permanent Resident. I was wondering what does it mean to have an Immigration Detainer??? No one from ICE has spoken to him as yet and he's been locked up for 5 months out of 9 so far. Any ideas of how this could go or any suggestions on what we can do???

It means ICE is reviewing his case to see if his charges make him deportable. They will review his case and may send out an ICE agent to interview him. If he is deportable they will have him sign a Stipulated Removal agreement.

Welcome to PTO and to the Immigration forum there are many of us here in different stages of the deportation process and we are all happy to help and support you