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Criminal Immigration Issues Dealing with INS and other related issues.

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  #1  
Old 01-18-2019, 08:02 AM
sz1226 sz1226 is offline
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Default No ICE Detainer yet

Hi,

My husband is arrested and is serving a 5-15 year sentence in Las Vegas for a crime that is 100% deportable. He is a resident green card holder and he is from Honduras. I am a US Citizen. He has been incarcerated for almost four years now and he still does not have an immigration hold/detainer. He is up to see the parole board for the first time next year. My husband saw his case worker yesterday and asked him why he did not have an immigration hold on his file and the case worker found it strange that he didn't have one. He said that by now ICE should of put a detainer on his file. He mentioned that maybe they don't want to deport him. Do any of you know when ICE places holds on Inmates like is there a time frame or they can put the detainer even the day before he is released? Any help will be appreciated! Thank you
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Old 01-18-2019, 09:32 AM
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While I dont know for sure........
Just prior to my husbands release, he was interviewed by someone from Immigration.
He is a Naturalized US citizen, but they interviewed him anyway.

So maybe that will happen to your hubby as well? (that they wait until he's released? or just prior?)
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Old 01-18-2019, 11:56 AM
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miamac miamac is offline
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That's been the experiences I've heard, as well. ICE will send someone shortly before release to interview and make a determination about the next steps. So if he has years to go, you're not likely to hear anything for a long while. I think their feelings are it's someone already in prison, they don't need to 'worry' about them.
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Old 01-18-2019, 01:30 PM
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Quote:
Originally Posted by sidewalker View Post
While I dont know for sure........
Just prior to my husbands release, he was interviewed by someone from Immigration.
He is a Naturalized US citizen, but they interviewed him anyway.

So maybe that will happen to your hubby as well? (that they wait until he's released? or just prior?)

So they can place the hold/detainer anytime even after his Parole hearing? What is throwing me off about this is that the case worker found it very strange and said he should've had one by now.
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Old 01-18-2019, 02:34 PM
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Quote:
Originally Posted by sz1226 View Post
So they can place the hold/detainer anytime even after his Parole hearing? What is throwing me off about this is that the case worker found it very strange and said he should've had one by now.
I'm not familiar with FL, only CA so take this for what it's worth. When they have a parole hearing in CA, it can be 90 days or so before they are actually released. Longer if the Board deems. That gives ICE plenty of time to come in and place the detainer. Given that they've taken on a lot more cases in the last year, I can imagine they push that date pretty hard.

Again, this case is in Cali, but you can scan through the beginning of this thread and see how things were done to get an idea of timeline.
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