Bf was arrested, had a immigration hold due to charges but they were never file?! So how can we fight those charges now

Bf was on the side of the road fixing his car when a cop show up to help him , my f's friend was inside the car he got nervous he had a tiny bag of marijuana ( for one join ) so he try to hide it the police saw that so they were both taken in , my bf got an immigration hold , so we couldn't get him out , though it was only 50 dollars , when we contacted immigration they said depending on what happens on criminal case they could lift the hold , so now the prosecutor decided not to file ! ! A day before the court day , what can we do ? I don't understand why they did that

Mesa, AZ -

Attorney Answers (2)

Alicia Marie Heflin

Alicia Marie Heflin

Immigration Attorney - Phoenix, AZ
Answered

There are a number of factors that could be involved in this situation which would explain why the charges were not file (and they could still be filed at a later date). Is your boyfriend in ICE custody now or has he been released? I would recommend consulting with an immigration attorney, and perhaps a criminal attorney, to be proactive in a situation like this and to determine whether your boyfriend, whose immigration situation is unknown, has any defenses to removal if ICE detains him,

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Kevin Lawrence Dixler

Kevin Lawrence Dixler

Immigration Attorney - Chicago, IL
Answered

I agree but it is likely that ICE determined that your boyfriend is subject to deportation. Once ICE takes custody of your bf, it will decide whether to set a bond. If no bond is set, then your bf needs to consider whether to request a bond redetermination hearing in immigration court. The factors that are required for a bond to be set must be met at that hearing.

I strongly recommend that you seek assistance from a competent and experienced immigration attorney.

The attorney can help investigate the facts to prove the factors that may allow the judge to set a lower bond. An experienced an immigration attorney can also help decide whether your bf has any way to apply for relief from deportation. Also, whether it is worth seeking relief immigration court or at a consulate or embassy.

Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.

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