I need help!

Asked over 2 years ago - Buffalo, NY

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?

Attorney answers (8)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . That depends on his immigration status is, and what he was convicted of.

    Please see

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Philip Alan Eichorn

    Contributor Level 19

    6

    Lawyers agree

    Answered . 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.

  3. Eugene J. Glicksman

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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.

    Good luck!

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A... more
  4. Joseph A Lo Piccolo

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

    Good Luck!

  5. Sean Lewis

    Contributor Level 9

    3

    Lawyers agree

    Answered . 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 .

  6. Richard Wells Moore JR

    Contributor Level 11

    2

    Lawyers agree

    Answered . To view this email as a web page, go here.


    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
    Suite 213
    Timonium, MD 21093
    www.marylandimmigrationlaw.com
    410-825-1790
    Follow us on Facebook at www.facebook.com/usimmigrationlawyers
    Twitter: @Immigration2USA

  7. C. C. Abbott

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  8. Jeffrey Adam Devore

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,482 answers this week

3,311 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,482 answers this week

3,311 attorneys answering