My brother was arrested two weeks ago grand larceny, the arrest was without merit. We posted bail for him but ICE put a hold on him. Someone from ICE than came and interviewed him last week, they did not give him much information all the person did was look into his background here in the US. He was transferred to Rikers yesterday awiting his next court date. We did not post the second bail set for one dollar by the court because we were told he would be taken into INS custody and than sent away to Houston, Texas for holding. My brother was never convicted of any past marijuana charges which is why ICE is holding him, can they still hold him even without any convictions. If someone can help with an answer it would be greatly appreciated.
If your brother does not have legal status, he can be deported. Your statement that his arrest is 'without merit' may not be an opinion shared by the prosecutor. At any rate, the immigration hold will simply not disappear. Rather than trying to get rid of the hold, it would be better to try to win the deportation proceedings. Please see more below.
Brian D. Lerner
Attorney at Law
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