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

Glendale, CA |
Filed under: Federal crime

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

Posted

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. It does not constitute an attorney-client relationship.

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Asker

Posted

We were told that having an IRS hold doesn't necessarly mean they will come pick you up. Is there a chance that they will let him free on his release date without taking him in for IRS?

Posted

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 reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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3 comments

Asker

Posted

Hello, Thank you for your response. What proof can be retained to prove he will be tortured upon his release to his countey?

Asker

Posted

Hello, Thank you for your response. What proof can be retained to prove he will be tortured upon his release to his countey?

Asker

Posted

Country*

Posted

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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2 comments

Asker

Posted

Thank you for the quick response. What can an immigration attorney do for us at this point since it looks like all answers point to deportation?

Joshua Sabert Lowther

Joshua Sabert Lowther

Posted

There are exceptuons to removal that may or may not apply to him, and only an *experienced* immigration attorney can properly advise you. Immigration is a highly specialized and nuanced area of law. I always consult an attorney in that field when I represent a non-citizen.

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