If a federal inmate has an immigration hold, can it be removed prior to release date?

Asked about 2 years ago - Glendale, CA

Hello, my fiance has been sentenced to Federal Prison for a total of 30 months@ 85% = 25.5 he does have a passport and has been a CA resident for over 10 years going to school and receiving his GED and AA degree in CA. He is currently 24 years old. He was transfered to Phoenix Arizona, and now has an immigration hold on him. His crime was for mail fraud and has a restitution of 600k against him. What happens from here? FBOP counselors have reached out to IRS to see if they will be coming to pick him up, but still no response. What are the chances they will pick him up? Is there something we can do to drop the hold? If he is picked up what happens next, can they deport without a trial?

Attorney answers (3)

  1. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes, a federal judge can order him removed early.

    Other than to hire an attorney, there is nothing you can do to make things go the way you/he want.

    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only.... more
  2. Theodore John Murphy

    Pro

    Contributor Level 20

    Answered . He has been convicted of what is defined under US immigration law as an aggravated felony. He cannot have the detainer dropped and he will not be able to get out of prison without being transferred to Immigration custody when his jail sentence is over. He will be ordered removed unless he is able to prove it is more likely than not that he will be tortured upon return toh
    His own country.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more
  3. Joshua Sabert Lowther

    Pro

    Contributor Level 17

    Answered . Based on the charge of conviction (and more specifically, the amount ofrestitution), removal is almost certain. While the immigration detainer may be lifted for him to leave the United States voluntarily under certain circumstances, such is also unlikely. I recommend that you consult an experienced immigration attorney to discuss any options that he may have immediately.

    Joshua Sabert Lowther, Esq.
    NATIONAL FEDERAL DEFENSE GROUP
    jlowther@nationalfederaldefense.com
    http://www.NationalFederalDefense.com
    866.380.1782

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