Skip to main content

Can ice take someone with a deportation order from the INS judge, back to county jail because this someone had a warrant?

Los Angeles, CA |

My girlfriend from australia was on probation and prop 36. she missed a progress report in court so it became a warrant, she talked to her probation officer and it was a simple matter of just showing up in court, she was doing her prop 36. Separate issue she had INS issues,. she had a deportation order issued by an INS judge, She was supposed to turned herself in so she spoke to an ICE agent and he told her to come in from 9am to 4pm m-f. Also he told her if she had a flight ticket to AU it will take a couple of days or a day and she would be escorted to the airport an flight back home. And she did just that I myself took her to INS buiding, Next thing ICE took her back to county jail cause she had a warrant, she went infront of the judge with PD and she was sentence for 6 month in jail .

Why is this going on her family spent $1300 on the flight ticket, and why would they take her back to local jail and be doing 6 month of jail for missing a prop 36 progress report. My girlfriend is not the type of person to speak up or defend herself. Ive known probation violators or people that have completely failed prop 36 and they dont go to jail they get reinstated back in the program on different level. What should i do to help her? all she wanted to do was to go back to her family in Australia

Attorney Answers 2


Each of the Federal and State agencies work to ensure that outstanding warrents for individuals are executed. The only entity who can state what will actually happen at court (any court) is the judge. Whenever a person appears to ICE or another agency for execution of an order (ie deportation) the agency will seach for any other outstanding warrents before the alien is removed from the jurisdiction. She needs to contact her PD to see if there is a way to obtain early relief to allow for removal to progress.

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

Mark as helpful

1 found this helpful


Yes, they can, and as you found out, do.


While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.

Mark as helpful

1 lawyer agrees

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics