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How long can someone be held in ice? Why are inmates transferred to other facilities?

Miami, FL |

My boyfriend was picked up on 3-01-13. He has a previous criminal record. About 10 years ago he was charged with armed robbery, last year he had a charged for vehicle title fraud which the cases were dropped, not enough evidence found. When he was picked up on 3-1 he was charged with possession of marijuana with intent to sell. He was held in Krome for almost two weeks and 3 days ago he was transferred to a different facility in Jacksonville, fl. He has never had any immigration issues of any kind, never been to immigration court. Is there any hope he wont get deported and maybe be eligible for a bond?

Attorney Answers 4


According to the Supreme Court up to 6 months. In reality it depends on the facts.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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ICE can hold people up to 6 months.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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I would suggest meeting with an attorney. They can find out where he is being held, whether a Notice to Appear has been issued, whether there is a bond set or if he is bond eligible.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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The issue for most criminal aliens is not what they were charged with, but what they were convicted of. Depending on your boyfriend's immigration status, a conviction based on any of these charges could be a deportable offense. Assuming that is the case, he can held in detention until his case is resolved, though he may be eligible for bond, but we don't have enough facts to make that determination.

If your boyfriend has not retained experienced immigration counsel to represent him he should do so immediately.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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