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

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.

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

Posted

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 be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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Posted

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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

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.

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Posted

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.

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Posted

That's exactly what I dont understand, his criminal lawyer works along side an immigration that was the main reason we decided to hire him. Like what other information can be helpful to determine if he is elegible for a bond?

Posted

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 complete answer takes an in depth interview. After all, it is a life that is at stake. If you are in another city that I do not service ask me and I might be able to recommend you an attorney there. In general, in Houston, I recommend Adan Vega or Bruce Coane, Specialists. In Dallas I recommend Richard Fernandez, Elizabeth Cedillo or Yong Wood as highly skilled and experienced. In South Texas I recommend Jodi Goodwin from Harlengin or Leonel Perez of Edinburg. In San Antonio I recommend Bob or Nancy Shivers or drive to Austin to see me or my talented associate Jacqueline Watson.

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Posted

What the lawyer suggested is for him to sign a form that will reduce his jail time but will leave the felony in his record. I cant remember if the form is 244-a or 240-a. So once he signs this form does that mean he is admitting fault and it's a guilty plea????

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