How can an immigration hold be taken off while in jail?

Asked over 4 years ago - Miami, FL

my father has been in jail for 18 years and is a u.s resident. recently he was told he was on an immigration hold. how can i get it taken off?

Attorney answers (3)

  1. Norma Lorenzo

    Contributor Level 15

    Answered . Hi. Unfortunately Attorney Dixler is correct and your dad could very well be deported (removed) from the US even if he is a resident.....depending on what he was convicted of....therefore more information is needed.

  2. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    Answered . More information is needed. In general, an immigration detainer can be renewed every 48 hours, where there are grounds for the DHS to take custody of your father. As a lawful permanent resident, he can still be ordered removed. In many, but not all matters, he may be returned to his country of citizenship.

    Imprisonment for 18 years seems like a serious offense that may merit deportation without relief. Yet, more information is needed.

    Where was your father born? What was your father convicted for? Did your father plead guilty? In some situations, action can be taken before his release that may help to end detention. This is where your father cannot be deported to his nation of citizenship, among other concerns.

    I recommend an appointment or teleconference with an experienced immigration attorney.

    The above is general information and does not create an attorney-client relationship.

  3. Lamar Peckham

    Contributor Level 13

    Answered . Usually, there is no way to get ICE to release immigration holds they have put on prisoners. If there is a hold, when the jail is ready to release the prisoner, ICE has 48 hours, not counting weekends and holidays, to pick the person up.

    While your father's situation sounds very serious, with regard to him maintaining his legal immigration status, there may be things that can be done for him. The fact that he has been incarcerated so long means his conviction was probably even longer ago. Immigration laws relating to deportation have changed many times in the last 25 years. There may well be nothing that can be done for him to avoid deportation, but it takes a very experienced immigration lawyer who specializes in deportation defense to analyze his chances.

    Lamar Peckham
    Law Office of Lamar Peckham
    555 Sebastopol Rd., Ste. C
    Santa Rosa, CA 95407
    [707]527-8050

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