How long can a immigrant be held accountable with cases that are 27 years old

Asked about 2 years ago - Dallas, TX

My husband is being held in a correctional facility for unlegal enter

Attorney answers (6)

  1. Haroen Calehr

    Pro

    Contributor Level 17

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    Answered . "If" he is sentenced for criminal illegal re-entry and the US Federal Court is handling his case, typically this will be prosecuted as a Class B misdemeanor and he will be sentenced to 6 months. If he is help by ICE or Border Patrol, typically under existing case law you can challenge his detention after 6 months (I believe its the Danilov case, a US Supreme Court case from my vague recollection) and you can file a Writ of Habeas Corpus with a US Federal District Court in the area/jurisdiction he is being detained in and this would trigger his case to be brought before the court for a hearing. The government may not hold him indefinitely and usually after 6 months unless they can show the court that he is a national security threat or danger to the community its very questionable to have him remain in detention for in excess of 6 months. Essentially they cannot detain him and throw away the key. They have to either deport him or provide the court with very compelling reasons of why they continue to detain him and not deport him. If he's from a certain country like Cuba, China, Vietnam (pre 1990 entry into the US, Syria, i.e. before Vietnam and the US re-establised diplomatic relations again, Iran, North Korea, probably missing some countries) they cannot pursuant to international law and conventions forcibly deport him to those countries, and would ultimately have to let him go, i.e. released on an order of supervision-monitor him say once a month he would have to report to ICE, and he could actually obtain a work permit. But otherwise usually they deport him within 1-2 months. They may even escort him with two ICE officers on the plane or bus and make sure he is taken back to his country and handed over to local immigration officers or simply released at the airport/port of entry in the native country of origin. Now, if he had an aggravated felony conviction from his previous deportation and then still re-entered illegally, he may face a more harsher criminal sentence before he is forcibly deported. It all depends on the facts and you need to provide more facts. You can call our office for a paid consultation or consult with other capable colleagues on this site.

  2. Ahmad Mohamad Yakzan

    Contributor Level 13

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    Answered . Please clarify your question. Is he held on criminal charges, or charges relating to immigration law? I would consult with an immigration attorney as soon as possible, if I were you.

    The answer to this question is general in nature and is based on the limited facts presented in the question. This... more
  3. Tyson James Oblad

    Contributor Level 3

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    Answered . I agree with the other attorneys that you should seek out an immigration lawyer that you can discuss this with you over the phone. He or she will need a lot more information about your situation before giving any meaningful advice.

  4. Neil Ian Fleischer

    Pro

    Contributor Level 20

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    Answered . There is no time limit for criminal conviction
    ire a lawyer ASAP

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  5. Nicklaus James Misiti

    Contributor Level 19

    4

    Lawyers agree

    Answered . There is no time limit. Hire an immigration attorney immediately.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  6. Jillian Nicole Kong-Sivert

    Contributor Level 7

    4

    Lawyers agree

    Answered . He will want a criminal attorney -- one who practices in federal court; rather than a regular immigration attorney. Criminal reentry is a federal crime.

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