Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > RESOURCE CENTER > Criminal Immigration Issues
Register Entertainment FAQ Calendar Mark Forums Read

Criminal Immigration Issues Dealing with INS and other related issues.

Reply
 
Thread Tools Display Modes
  #1  
Old 04-29-2015, 04:54 AM
Unconditional27 Unconditional27 is offline
Registered User
 

Join Date: Apr 2015
Location: Virginia, USA
Posts: 6
Thanks: 8
Thanked 1 Time in 1 Post
Default Detainer? What happens upon release?

My husband has been incarcerated for nearly 2 weeks. We are in Virginia. He has lived here since he was 5 years old, and has a permanent resident card that expired 2 days after he was booked. I think his residency status is up for grabs due to the fact that he has criminal history (a lot of it is dismissed or brought down to misdemeanors, but apparently immigration doesn't care about plea deals or final says, but what you were originally charged with - is this true?) I have no idea if he has an immigration detainer. He has a very good criminal lawyer who has gotten him a fair sentence for a reduced charge. If this helps any, we are married and I am citizen who was born in the U.S. His mom became a citizen. He is 23 years old and will be nearly 26 when his sentence is over. His immigration lawyer is apparently a very good one, but his office says they can't do anything for him unless he's with ICE!! Am I looking forward to his release date for nothing? What happens upon his release? Does he just get transferred to ICE and another battle begins?

Thank you for your time and help. God bless.
__________________
September 30, 2017

Last edited by Unconditional27; 04-29-2015 at 04:56 AM..
Reply With Quote
Sponsored Links
  #2  
Old 04-29-2015, 10:05 AM
fbopnomore fbopnomore is offline
Site Moderator

PTO Site Moderator Staff Superstar Winner 

Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 29,478
Thanks: 46,872
Thanked 22,652 Times in 13,036 Posts
Default

If ICE does file a detainer, he will not be released, but rather transferred to an ICE prison until their case is resolved. I'm glad he has two competent lawyers on his side.
__________________
Reply With Quote
The Following User Says Thank You to fbopnomore For This Useful Post:
Unconditional27 (04-30-2015)
  #3  
Old 04-30-2015, 08:38 PM
Unconditional27 Unconditional27 is offline
Registered User
 

Join Date: Apr 2015
Location: Virginia, USA
Posts: 6
Thanks: 8
Thanked 1 Time in 1 Post
Default

Quote:
Originally Posted by fbopnomore View Post
If ICE does file a detainer, he will not be released, but rather transferred to an ICE prison until their case is resolved. I'm glad he has two competent lawyers on his side.
Thank you for the info! How will I know if they file a detainer?
__________________
September 30, 2017
Reply With Quote
  #4  
Old 05-01-2015, 06:58 AM
fbopnomore fbopnomore is offline
Site Moderator

PTO Site Moderator Staff Superstar Winner 

Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 29,478
Thanks: 46,872
Thanked 22,652 Times in 13,036 Posts
Default

Only the prison and ICE will know. Maybe his immigration lawyer can find out if they will file one, or not.
__________________
Reply With Quote
The Following User Says Thank You to fbopnomore For This Useful Post:
Unconditional27 (05-05-2015)
  #5  
Old 05-03-2015, 08:01 PM
marie8899 marie8899 is offline
Registered User
 

Join Date: Aug 2011
Location: California, U.S.A.
Posts: 1,029
Thanks: 3,646
Thanked 1,107 Times in 527 Posts
Default

If he's on an ICE hold, I think the chances are good that he would be transferred to ICE when he is ready to be released. (Not 100%, however). I think you need an immigration attorney who can give you better information before he gets to ICE, however.
Reply With Quote
The Following User Says Thank You to marie8899 For This Useful Post:
Unconditional27 (05-05-2015)
  #6  
Old 05-04-2015, 11:31 PM
LaReinaYSuRey's Avatar
LaReinaYSuRey LaReinaYSuRey is offline
Loving My King!
 

Join Date: Mar 2015
Location: California, USA
Posts: 75
Thanks: 227
Thanked 65 Times in 42 Posts
Default

From what I've learned.. He can only be deported for aggravated felony charges.. As long as his residency is in good standing he should be fine. Most likely he'll just need to reapply/renew his perm. Residency
__________________
Loving my King!
He's coming home the day after my birthday this year! ~ August 28

Reply With Quote
The Following User Says Thank You to LaReinaYSuRey For This Useful Post:
Unconditional27 (05-05-2015)
  #7  
Old 05-05-2015, 03:21 AM
Unconditional27 Unconditional27 is offline
Registered User
 

Join Date: Apr 2015
Location: Virginia, USA
Posts: 6
Thanks: 8
Thanked 1 Time in 1 Post
Default

Quote:
Originally Posted by mamacitacrys View Post
From what I've learned.. He can only be deported for aggravated felony charges.. As long as his residency is in good standing he should be fine. Most likely he'll just need to reapply/renew his perm. Residency
I found out he does have a detainer. He is not in jail on felony charges, but a misdemeanor however it was a plea deal and that's why he has to serve 2 years 5 months. I was told that if they serve anything over a year, they are deportable. I'm worried because this all started years ago when they tried to charge him with 5 felonies. They all got reduced to misdeamanors, he served 3 months in jail and was put on probation with time over his head. He violated his probation with a weed charge that was severely reduced. I have been told that immigration will look at the original charges, and won't care that it his official have been reduced. If that is really true then he's screwed. Can the immigration lawyer really not do a thing until he's in ICE custody? Thank you for your help
__________________
September 30, 2017
Reply With Quote
  #8  
Old 05-05-2015, 11:23 AM
LaReinaYSuRey's Avatar
LaReinaYSuRey LaReinaYSuRey is offline
Loving My King!
 

Join Date: Mar 2015
Location: California, USA
Posts: 75
Thanks: 227
Thanked 65 Times in 42 Posts
Default

Quote:
Originally Posted by Unconditional27 View Post
I found out he does have a detainer. He is not in jail on felony charges, but a misdemeanor however it was a plea deal and that's why he has to serve 2 years 5 months. I was told that if they serve anything over a year, they are deportable. I'm worried because this all started years ago when they tried to charge him with 5 felonies. They all got reduced to misdeamanors, he served 3 months in jail and was put on probation with time over his head. He violated his probation with a weed charge that was severely reduced. I have been told that immigration will look at the original charges, and won't care that it his official have been reduced. If that is really true then he's screwed. Can the immigration lawyer really not do a thing until he's in ICE custody? Thank you for your help
When I was trying to work on my ex's situation, we spoke to an immigration attorney and he was saying that we really needed to get the felony charges dropped to misdemeanor charges.. and that only aggravated charges could result in deportation. BUT - now that you say something about it needing to be under a certain time frame sentence-wise, i think i remember our atty saying something about that too. i'm pretty sure that the immigration atty can't do anything until he's in ICE custody because the atty has to see what they're holding him on at that point... they probably wont have anything processed before then. the good thing is that if he's deported, he can eventually apply for a pardon to be allowed back to the US legally... but the length of time he has to wait to apply for the pardon will depend on his charges. you can always go in for a consult with the immigration atty to see what your options are and what it will take to get him to be able to stay in the states (maybe talk to more than one immigration atty just to be safe)... and then his criminal defense lawyer might be able to help work that into his deal to avoid deportation and shorten the sentence (maybe request longer probation, etc). i don't think they can go off of original charges... but only what they're officially charged and sentenced on. my fingers are crossed for you and i'd love for you to keep me updated on your progress!

oh.. and the way that it works in cali (not sure if its the same for you) is that if there's going to be an ICE hold, ICE will come visit the inmate at their current facility and make arrangements for the hold and/or release. about 2 weeks before the inmate's release date, they will come and talk to him about his options -- he can either do a voluntary departure or request a trial. with the voluntary departure, if it's his first time being deported, they will come and pick him up that morning, take him to be processed, and then he will be headed to the border that same day. if he's been deported before, they will likely hold him up to the maximum of 72 hours (again, could be different where you are) and THEN deport him. OR -- he can wait and go to trial and try to fight it and stay in an ICE facility until it's done.
__________________
Loving my King!
He's coming home the day after my birthday this year! ~ August 28

Reply With Quote
The Following 3 Users Say Thank You to LaReinaYSuRey For This Useful Post:
fbopnomore (05-05-2015), marie8899 (05-18-2015), Unconditional27 (05-05-2015)
  #9  
Old 05-05-2015, 08:08 PM
Unconditional27 Unconditional27 is offline
Registered User
 

Join Date: Apr 2015
Location: Virginia, USA
Posts: 6
Thanks: 8
Thanked 1 Time in 1 Post
Default

Quote:
Originally Posted by mamacitacrys View Post
When I was trying to work on my ex's situation, we spoke to an immigration attorney and he was saying that we really needed to get the felony charges dropped to misdemeanor charges.. and that only aggravated charges could result in deportation. BUT - now that you say something about it needing to be under a certain time frame sentence-wise, i think i remember our atty saying something about that too. i'm pretty sure that the immigration atty can't do anything until he's in ICE custody because the atty has to see what they're holding him on at that point... they probably wont have anything processed before then. the good thing is that if he's deported, he can eventually apply for a pardon to be allowed back to the US legally... but the length of time he has to wait to apply for the pardon will depend on his charges. you can always go in for a consult with the immigration atty to see what your options are and what it will take to get him to be able to stay in the states (maybe talk to more than one immigration atty just to be safe)... and then his criminal defense lawyer might be able to help work that into his deal to avoid deportation and shorten the sentence (maybe request longer probation, etc). i don't think they can go off of original charges... but only what they're officially charged and sentenced on. my fingers are crossed for you and i'd love for you to keep me updated on your progress!

oh.. and the way that it works in cali (not sure if its the same for you) is that if there's going to be an ICE hold, ICE will come visit the inmate at their current facility and make arrangements for the hold and/or release. about 2 weeks before the inmate's release date, they will come and talk to him about his options -- he can either do a voluntary departure or request a trial. with the voluntary departure, if it's his first time being deported, they will come and pick him up that morning, take him to be processed, and then he will be headed to the border that same day. if he's been deported before, they will likely hold him up to the maximum of 72 hours (again, could be different where you are) and THEN deport him. OR -- he can wait and go to trial and try to fight it and stay in an ICE facility until it's done.
Thank you so much for the detailed response. My husband has a pretty lengthy record, but luckily none of them are violent. He has a plea deal coming up next month, but I just checked the court records and that date now has "Revocation" as its description when it previously just said "Plea". He was on probation, and actually that's why he's in jail now - because of a probation violation. His criminal lawyer did say that once this is all said and done, time is served and dealing with immigration is over, that he won't even be on probation. So maybe the revocation means revoking his probation? If so, what about the plea deal? I know these are extra questions so please don't feel obligated to answer.

If we have to wait until he's with ICE to see what his immigration lawyer can do, then we're looking at fall 2017. It's depressing to know that September 30, 2017 isn't really his free date at all but the day he gets transferred to another (immigration) jail. He has never been deported before. If he does get deported (God forbid) then he can apply for a pardon? Hope his charges allow him to. That's where me being a born-in-the-USA citizen comes handy since I'm his wife. His mom is a citizen too, but by the time he'll be applying for a pardon he will be nearly 26 or older and I don't think Mommy can help that much when he's an adult lol. Isn't there a waiting period between the time you are deported and the time you ask for a pardon? We are meeting with the immigration attorney on Tuesday, and maybe be can give us some advice on working with the criminal lawyer. So far, when it comes to immigration questions, his CL says he's not familiar with any of it. If they can work out some sort of collaboration, that would be awesome.

If ICE bases their decisions off his official charges and sentence, then the end of the road looks pretty nice. All I can do is visit with lawyers, pay the fees and pray. I would love to keep in touch with you on his case as well, feel free to PM me!
__________________
September 30, 2017
Reply With Quote
The Following User Says Thank You to Unconditional27 For This Useful Post:
LaReinaYSuRey (05-14-2015)
  #10  
Old 05-06-2015, 07:35 AM
fbopnomore fbopnomore is offline
Site Moderator

PTO Site Moderator Staff Superstar Winner 

Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 29,478
Thanks: 46,872
Thanked 22,652 Times in 13,036 Posts
Default

I imagine that this has been discussed before, but ask the immigration lawyer if being born to a US Citizen, even in another country, affects his status at all.

Here's a link to the pardon process for federal crimes. It doesn't happen quickly even if it is granted.
http://www.justice.gov/pardon/pardon...d-instructions
__________________
Reply With Quote
The Following 2 Users Say Thank You to fbopnomore For This Useful Post:
Unconditional27 (05-06-2015), xolady (05-07-2015)
  #11  
Old 05-06-2015, 09:30 PM
Unconditional27 Unconditional27 is offline
Registered User
 

Join Date: Apr 2015
Location: Virginia, USA
Posts: 6
Thanks: 8
Thanked 1 Time in 1 Post
Default

Quote:
Originally Posted by fbopnomore View Post
I imagine that this has been discussed before, but ask the immigration lawyer if being born to a US Citizen, even in another country, affects his status at all.

Here's a link to the pardon process for federal crimes. It doesn't happen quickly even if it is granted.
I know his Mom became a citizen a few years ago, she wasn't a U.S. citizen when he was born. If she was he would be a citizen and our problems would just be criminal! I wish. It's a shame, I wish it didn't work like this.

Thank you for the link, I really hope we won't have to try to get a pardon down the road.

Do you know why some people are detained in ICE longer than others? I have heard 3 months in an ICE jail and 20 months..so crazy. My husband thinks throwing some more money at them could speed up the process. Thank you for taking the time to help me
__________________
September 30, 2017
Reply With Quote
  #12  
Old 05-07-2015, 07:49 AM
fbopnomore fbopnomore is offline
Site Moderator

PTO Site Moderator Staff Superstar Winner 

Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 29,478
Thanks: 46,872
Thanked 22,652 Times in 13,036 Posts
Default

The difference in the amount of time spent in ICE custody is probably because of how long it takes whoever is doing the extradition investigation to complete it, and then the court scheduling once that has been completed. Ask your immigration lawyer, but it's possible that the only way to shorten the process is for him to waive a hearing, and leave the US sooner.
__________________
Reply With Quote
  #13  
Old 05-07-2015, 09:44 AM
safran's Avatar
safran safran is offline
Owned
 

Join Date: Jul 2013
Location: Azkaban
Posts: 3,393
Thanks: 1,525
Thanked 4,339 Times in 1,959 Posts
Default

Not fighting the deportation is the only way to speed things up and if he tries the money thing his life will only get worse. He'll know by the time he gets to ICE if there's a chance for not being deported, but as deportation rules are now I'd bank on him going.

I looked for you state and its ten years before you can apply for a pardon.
__________________
Owned
Reply With Quote
  #14  
Old 05-07-2015, 02:27 PM
fbopnomore fbopnomore is offline
Site Moderator

PTO Site Moderator Staff Superstar Winner 

Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 29,478
Thanks: 46,872
Thanked 22,652 Times in 13,036 Posts
Default

I meant deportation, not extradition, oops.
__________________
Reply With Quote
  #15  
Old 05-08-2015, 03:48 PM
billee billee is offline
Registered User
 

Join Date: May 2015
Location: OK, USA
Posts: 31
Thanks: 0
Thanked 6 Times in 5 Posts
Default

in the Fed system, a detainer, if actual filed, means that he can't go to an unfenced camp, nor to a halfway house. many times, the agency involved will NOT file a detainer, until very close to the time of his at least being eligible for camp, or a halfway house., but they will file it at that time, to prevent his having an easy escape. Since you are married, he's got a shot at Staying in the US, but normally, a felony conviction means automatic deportation for a green card holder. Since yuo say that he's going to serve 3 years or so, that's a felony and he's probably gone and won't be allowed to come back for at least 10 years. Sorry to be bad news.
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Release got detainer last minute kimmie83 Texas Parole, Probation, Work Release & Community Service 0 12-27-2012 05:22 PM
Release / detainer/ parole debindesert Arizona Parole, Probation, Work Release & Community Service 2 10-10-2011 07:50 AM
Release after Detainer? MYLILSECRET Georgia Parole, Probation, Work Release & Community Service 7 05-09-2011 11:33 AM
TDCJ Release with a detainer Tinare Texas Parole, Probation, Work Release & Community Service 2 05-16-2009 10:40 AM
Release to Detainer Heartache lftb6514 Pennsylvania Parole, Probation, Work Release, Halfway Houses & Community Service 3 03-27-2007 05:41 AM


All times are GMT -6. The time now is 04:04 AM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics