Difference between arrest and detention for immigration matters

Asked over 1 year ago - Morgan Hill, CA

Please make me understand the difference.

Attorney answers (3)

  1. Heather Pollock

    Contributor Level 4

    6

    Lawyers agree

    Answered . Arrest is criminal in nature, whereas detention for the purposes of immigration is not criminal. Detention is when the immigrant is taken into custody during deportation hearings. An immigrant is released from detention either upon being deported, or upon winning their immigration case and being released.

  2. Hetinder Singh Gill

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . To be arrested means taken into custody by the police (City, State, or Immigration). Generally, people in jail because of immigration are said often referred to as being "detained" and in jail for criminal activity are are referred to as being "in custody." I really don't know your situation but seems like you need an immigration attorney that deals with deportation, again, really don't know what you are asking.

    Raja S. Gill | Attorney At Law | Gill Law Group rsg@rsgattorney.com | http://www.thegillfirm.com T: (855) 600-... more
  3. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . None. You are not free to go whether "detained" or "under arrest."

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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