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How can a detainee deport themselves?

Asked over 2 years ago - Houston, TX

My friend is a detainee in a detention center in Houston, TX. He has been there for 4 weeks. Before that he was in county jail for 2 years. Upon entry into the detention he signed for administrative removal thinking this would get him deported quickly. He doesn't want to stay in the United States. He wants to go back to Mexico as soon as possible to be with his family especially after being in jail for 2 years. Is there anyway he can deport himself? Should he get a lawyer? Any help and advice is very much appreciated. Thanks.

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Attorney answers (2)

Scott D. Pollock

Reputation Level 17

Answered over 2 years ago. Immigration Attorney in Chicago, IL.

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Contact the Mexican consulate and ask them to look into this situation. They should be able to contact ICE and determine what is causing the delay and when he will be permitted to leave. The law requires ICE to reconsider a detainee's custody if it cannot remove him or her within 90 days. If someone is held beyond 180 days with a final order of removal, they may file for a Writ of Habeas Corpus in federal district court, challenging their continued detention as unlawful and unconstitutional. Before that, there is not much that a lawyer can do that a Mexican consular official cannot do.

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Scott D. Pollock

Reputation Level 17

Answered over 2 years ago. Immigration Attorney in Chicago, IL.

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