Can a felon who is an illegal immigrant obtain and immigration bond after being turned over to ICE.

Asked over 1 year ago - Fort Worth, TX

My boyfriend has a felony in his record for a DWI with a minor under 15. He is in county jail for these charges, the lawyer said that there is no way to reduce his charges but rather reduce the time he is in jail. After he has has serve his sentence he'll be sent to ICE. Can he still obtain an immigration bond from immigration? he has his entire family here and needs to get things ready to leave us behind.

Additional information

BTW he entered the country about 10 years ago when he was 14 because his father and mother were here. He has a 5 month old son, and 4 brothers (all U.S. citizens) of which he helps financially because his mother is now a single mother. Most of his family are in the U.S., only person who was left in his native country (Honduras) was his father but he past the away last year.He was married to a U.S. citizen for the about 6 years but is currently seeking a divorce in order to marry me (I'm also a U.S. citizen) Hope these facts will help a little:)

Attorney answers (5)

  1. Alena Shautsova

    Pro

    Contributor Level 20

    7

    Lawyers agree

    10

    Answered . It will depend on the final conviction. Your boyfriend's criminal lawyer should consult with an Immigration attorney as to the best possible route.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. F. J. Capriotti III

    Contributor Level 20

    7

    Lawyers agree

    Answered . Hard to tell.

    Make sure that your boyfriend's criminal defense attorney follows the law set-down by the US Supreme court and gets an opinion from an immigration attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Kyndra L. Mulder

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . More information is needed to determine if he qualifies for any type of relief. If it is determined that he has a defense to removal then he may be released on bond. I strongly suggest you consult with an experienced immigration attorney who is also experienced in DWI defense.

  4. Haroen Calehr

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . Pursuant to the US Supreme Court Case in Padilla and the following 5th Circuit case US v. Amer and the currently pending cases up on certiorari (review) by the US Supreme Court stemming from the 5th Circuit and other circuit cases, your criminal defense attorney needs to seriously consider consulting with competent immigration counsel PRIOR to cutting any deal with the assistant district attorney in Tarrant County or entering a plea. In Texas deferred adjudication is not available for DWI cases. Therefore either a strict plea, trial or straight sentence are really the only options for him. ICE will already have placed a "hold" on him, i.e. when he is done in the criminal court ICE will take over custody from the Tarrant County authorities and transfer him to the ICE Detention center. As the other colleague mentioned, need more info to determine whether there is relieve available for him, whether he is mandatorily detainable or bondable etc. Not hiring competent immigration counsel prior to his pleas would be a devastating mistake unless his criminal defense attorney is well versed in US Immigration law.

  5. Thomas Esparza Jr.

    Contributor Level 19

    3

    Lawyers agree

    Answered . he should not plead guilty to that charge as it will make him an aggravated felon. he needs two good attorneys one for immigration and another for the criminal case

    The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A... more

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