How long can they hold him if my boyfriend was taken to jail for no operator's license? 9 Answers as of January 03, 2012
My boyfriend was taken to jail for no operator's license on the first of December. INS has a hold on him. He has completed court as of last Monday but he is still there on INS hold.Free Case Evaluation by a Local Lawyer!
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Feldman Feldman & Associates, PC | Lynne Feldman
He needs to retain immigration counsel to go talk to him in detention, find out why he is being held and if he is eligible for any relief from deportation. Make sure he does not sign anything without speaking to an immigration attorney first.
Answer Applies to: California
Replied: 1/3/2012
Marks, Calderon, Derwin & Racine PLC | Ofelia L. Calderon
They can hold someone on a detainer for about 48 hours, but the thing about VA is that many of the jails have additional agreements with ICE to hold detainees on their behalf. If the jail does not have this agreement and ICE has not come to pick him up, you may consider filing a threatening habeas corpus letter. I doubt your boyfriend will be released but it should move the process along so you can work on the immigration side of things.
Answer Applies to: Virginia
Replied: 12/29/2011
Pacifica Legal Services | Floyd Fernandez
Your boyfriend could be subject to release under Supervised Release, especially if he may be eligible for cancellation of removal. This is so if he is under a removal proceeding.
Answer Applies to: California
Replied: 12/27/2011
Perez & Gomez Law, LLC | Ana Maria Gomez
If you can get him out of bond, it will be the best thing to do so he can consult with an immigration attorney about his potential remedies in court. If the judge did not allow him to get out on a bond, then it sounds like more screening needs to be done of your boyfriend's criminal and immigration records.
Answer Applies to: Minnesota
Replied: 12/22/2011
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
You can request his release ASAP. The DHS officer can request that you pay a bond for his release.
Answer Applies to: California
Replied: 12/22/2011
Law Office of Christine Troy | Christine Troy
It sounds like he was in regular court and now is in ICE custody. They can hold him until his immigration hearings are complete or they can have a bond hearing and let him out while his immigration case is ongoing. That will depend on a variety of factors, like criminal record and flight risk analysis. He should hire a competent immigration attorney in your area to assess and represent his case.
Answer Applies to: California
Replied: 12/22/2011
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
It depends upon why they are holding him. If he is subject to mandatory detention or is refused bond it could be until his case is close. Speak to and retain an attorney and see if they can get him out on bond.
Answer Applies to: New York
Replied: 12/22/2011
Law Offices of Grinberg and Segal | Alexander Segal
Immigration & Customs Enforcement can place ahold on someone regardless of the status of the criminal case. However, they cannot hold someone indefinitely without allowing them an opportunity to see an immigration judge unless they waive that right. Typically, an alien can secure bail to be released from custody depending upon his or her circumstances. I strongly encourage you to speak with an attorney in more detail about what can be done.
Answer Applies to: New York
Replied: 12/22/2011
Wildes & Weinberg, P.C. | Leon Wildes
Unfortunately there is no limit. He should not simply remain there. He needs a lawyer to free him on bond, if possible.
Answer Applies to: New York
Replied: 12/22/2011
