I do a lot of work in this area. It sounds like he has an ICE hold. This mean that immigration has determined that he is either here illegally or, if convicted, he would be removable, I.e., deported. If he has not pled to government tampering, then he can bond out. He may be taken from criminal jail to immigration jail in San Antonio (if you are in Fredericksburg). From there, you can get him a bond if the criminal case is still pending. You should call an immigration attorney ASAP.
This is a criminal law and immigration law crossover question. When a person is arrested for criminal charges, and he does not get bond from the judge or pay his bond, he will have to be in jail until the case is over and until his sentence is served. 4th amendment issues of unlawful search and seizure should be discussed with a criminal defense attorney. Having an Immigration and Customs Enforcement hold, means that upon his release from criminal custody, he will be transferred to immigration custody. Depending on his immigration status and immigration history the procedure can differ. Convictions for crimes involving firearms, drugs, and fraud are very serious and will most likely affect his immigration case. I suggest you consult with an immigration attorney, taking the exact criminal charges for more information about your options.
I agree with my colleague, this is primarily a criminal law question .... does your friend have a criminal lawyer helping him?
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I agree with my colleagues.
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