Can an illegal immigrant go to court without being deported? 3 Answers as of November 09, 2010

Is this automatic? My boyrfiends family member. The ticket is for misdemeanor.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is maybe. There are states where you most certainly be detained if you are summoned on even a routine traffic violation, such as speeding. And if it is an offense such as misdemeanor driving while intoxicated, it is likely, especially in a court appearance, that an immigration background check would occur. On the other hand, if you do not appear, a warrant for your arrest will certainly be issued, which would also trigger a background check for legal status in the nationwide identity system. So your best shot is to show up, bring a lawyer, who will seek to get a plea that will be for a sentence that will take you off the system as subject to immigration inquiry and prevent a hold being placed upon you.
Answer Applies to: California
Replied: 11/9/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
This is something you should discuss with a criminal attorney who is also knowledgeable about the immigration consequences.
Answer Applies to: California
Replied: 10/29/2010
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