My boyfriend was arrested for DWI and ICE has a hold on him. I heard that ICE has 48 hrs to pick him up after clearing his obligation with the county holding him (posting bond, for example). I also understand that if ICE does not do this within the time allotted, that he can get out with the help of an attorney...is this true? Are their certain days that ICE shows up to certain jails?
Criminal Defense Attorney
Federal regulations say that ICE has 48 hours. In practice, ICE does often take longer.
An attorney can file a writ of habeas corpus and try to litigate the issue, but there are some real hurdles to a writ succeeding. It's still worth trying, if you can afford the fight.