My boyfriend was pulled over and fined back in july and had a court hearing. He had fines & had to go to classes. He went to classes one time and paid off most of the fine.His Liscense was taken away too. Monday ICE came to get him . He has a 10,000 dollar bail and has 1,800 in fines left!. He does not know when he has court. How long is it usally before you go infront of the judge? Do you think he will be deported?
It sounds like ICE picked him up for his immigration violations and set a bond at $10,000. If this is the case, you can motion the court to redetermine the bond amount. Be warned, the immgration judge can increase the amount of the bond, so it would be best to review the facts and circumstances before filing that motion. Second, if you file the motion for the bond redetermination, most courts will get the hearing set within a week. As for whether or not he'll be deported, that depends on many facts that are not present in your fact pattern and some guessing as to what will happen at future hearings. Please retain a lawyer as soon as possible.
6 lawyers agree
That depends on his immigration status is, and what he was convicted of.
(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.
13 lawyers agree
I needs to contact an experienced immigration attorney who can advocate for him to ICE and the IC....
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
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There is not enough information to answer all your questions. He should have received a Notice to Appear. He can request a bail review with the immigration judge immediately, but I do not know if he has a way to avoid removal.. He should consult with an experienced immigration attorney as soon as possible to explore his options and develop a gameplan.
Richard W. Moore, Jr.
Moore Law Group, P.A.
2300 York Road
Timonium, MD 21093
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When he goes before an immigration judge also depends on where he is being held. Once in ICE custody, your boyfriend can be transferred to any immigration detention facility, regardless of where it may be. If his bond is paid, and he is released, hishearing will be scheduled based on the judge's schedule.
Depending on your boyfriend's status (illegal or resident?) and the severity of his legal problems, his eligibility for relief from removal/deportation is unknown. Your best route now is to speak with an experienced immiration attorney who can advise you as to what might be able to be done for your boyfriend.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.
He may ask the immigration judge to reduce the bond based on community ties, likelihood of appearing at all court dates and his past criminal history etc... Whether he might be able to avoid deportation is a matter that will require the professional opinion of a licensed immigration attorney that handles detention and removal cases. We handle these cases, or you might want to check the referral service at www.aila.org .
Criminal Defense Attorney
There are multiple issues here.
If you don't know his court date and he has bail posted on that case, you should go to the court or call the court clerk to check what the next date is and make sure his attorney knows why he can't be in court.
If he still owes fine $$, and it was cash bail, some courts will allow the bail $$ to be used to pay the fines. In the alternative, the court can turn it into a civil judgment that can be paid when/if he is out of ICE custody.
If his bail was posted by a bondsmen, you should notify them about his immigration custody.
If bail was set by the immigration court, you should hire an immigration attorney. They can give you the best advice about potential deportation.
Typically an immigration hearing in removal proceedings cannot be scheduled prior to 10 days after service of a notice to appear. This time period can waived but whether it is a good idea to do so depends on the facts of the case.
Based on what you have said there is more to his case than a traffic infraction. Consult with an experienced immigration attorney who review the case and advise you how best to proceed.