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How do you find out how long an inmate is on homeland security hold AND WHY?

Fredericksburg, TX |

From Germany, been in trouble with the law before, has been in Texas for 12 years BUT HIS HOME WAS SEARCHED AND MANY FIREARMS WERE REMOVED AND ATF HAS CLEARED HIS GUNS FOR PICK UP. NARCOTICS WERE FOUND WITHOUT A SEARCH WARRANT AND USED HIS WIFES SOCIAL SECURITY NUMBER WITHOUT HER KNOWLEGE AND BEING CHARGED WITH TAMPERING WITH GOVERNMENT DOCUMENTS. IT HAS BEEN 3 1/2 MONTHS AND HASN'T HEARD ANYTHING OF WHY AND HOW LONG HE WILL BE IN COUNTY JAIL.

Attorney Answers 4

Posted

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.

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Posted

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.

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Posted

I agree with my colleague, this is primarily a criminal law question .... does your friend have a criminal lawyer helping him?

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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