How could we find out if a detainee with an immigration hold will be able to get an immigration bond?

Asked almost 2 years ago - Albuquerque, NM

Dealing with a minor drug possession and distribution case and first time offence?

Attorney answers (4)

  1. 3

    Lawyers agree

    Answered . It sounds like a mandatory detention case, in other words no bond will be issued but it's impossible to provide exact advice without meeting with the person and reviewing their paperwork. A "minor" drug and distribution case, is not in fact considered minor by immigration, it will most likely be argued that it is an aggravated felony, which has severe immigration ramifications. Your friend needs an immigration attorney ASAP.

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  2. 1

    Lawyer agrees

    Answered . He will most likely get time served on the drug charge followed by involuntary deportation. If he is ever caught again in America he will get five years for illegal re entry after drug conviction.

    His only hope is to get the drug charge dismissed.

  3. 1

    Lawyer agrees

    Answered . Generally speaking DHS takes the position that there is no bond available to a person with a drug conviction (assuming that he was arrested or otherwise incarcerated on that charge any time after 1998). However, a number of federal courts have held that a person with a drug conviction must be given a bond hearing if he was not taken into custody by DHS immediately upon his release by the government on the drug charges.

  4. 1

    Lawyer agrees

    Answered . You need a very good, experienced, criminal-immigration attorney immediately! [a lot will depend on the exact charges and circumstances]

    Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with... more

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Immigration detention

The United States can detain (hold) a foreigner for a number of reasons, from suspected immigration infractions to criminal offenses.

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