I would like to know if my husband can have a bail if he was convicted of battery and has a hold with immigration?

Asked over 3 years ago - Anaheim, CA

my husband has been in jail since march 6 2011 and today he went to court and was found guilty of battery sentence 44 days and i think he has a hold with immigration when is he gonna be release

Additional information

he pour beer on someone at a party and the da charged him with 243(E)(1) PC AND WAS DISMISSED CAUSE HE PLEAD NOT GUILTY SO THEY CHARGED HIM WITH 242 PC BATTERY HE HAS BEEN DEPORTED 3 O 4 TIMES AND HAS ENTERED THE USA ILLEGALY HOW CAN I FIND IF HE HAS BAIL WITH IMMIGRATION?

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20

    Answered . If he has been deported and reentered the US illegally, there is a good chance that 1) his previous order of deportation will be reinstated, or 2) that he could be prosecuted for reentering the US after a deportation. If his order of deportation is reinstated, he will not be released. If they decide to prosecute him, then he will need a good lawyer.

  2. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    Answered . More information is needed. Was he convicted of domestic battery based upon abuse of an immediate relative? Was anyone physically injured as a result? Was physical injury a requirement to prove that he was guilty of his conviction? Did he enter the U.S. with a visa? Was he or a parent petitioned for a visa by April 30, 2001?

    His ability to file for relief, and encourage the U.S. Immigration and Customs enforcement to issue bond will depend upon several factors. If he has exhibited violence, then the bond that is set may be higher. If he entered the U.S. with a visa or somehow qualifies to file for relief in Immigration Court, then this may affect whether a bond is set by the Department of Homeland Security.

    I strongly recommend an appointment or teleconference with an experienced immigration attorney who can discuss this matter, work with your family, and recommend all legal options to pursue an immigrant visa.

    The above is general information, not legal advice, and does not create an attorney client relationship.
  3. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    Answered . More information is needed. Was he convicted of domestic battery based upon abuse of an immediate relative? Was anyone physically injured as a result? Was physical injury a requirement to prove that he was guilty of his conviction? Did he enter the U.S. with a visa? Was he or a parent petitioned for a visa by April 30, 2001?

    His ability to file for relief, and encourage the U.S. Immigration and Customs enforcement to issue bond will depend upon several factors. If he has exhibited violence, then the bond that is set may be higher. If he entered the U.S. with a visa or somehow qualifies to file for relief in Immigration Court, then this may affect whether a bond is set by the Department of Homeland Security.

    I strongly recommend an appointment or teleconference with an experienced immigration attorney who can discuss this matter, work with your family, and recommend all legal options to pursue an immigrant visa.

    The above is general information, not legal advice, and does not create an attorney client relationship.

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