lived in the us since 3 years old..thought he was an american.,got in trouble with drugs in his early forties...served 36 months then was deported..found out his mother was having open heart surgery...crossed over...is now being held for reentry..the prelim judge said if it wasn't for the ice detainer he would release him immediately
As a general rule, there is nothing you can do to lift the ICE hold. They will probably just reinstate his prior deportation once he is back in immigration custody. If that is the case, it is highly unlikely that ICE would release.
Only by proving that the person in question is not deportable.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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It sounds like from your facts he has already been charged criminally for the illegal re-entry. If that is true then he has already been examined by ICE. They are the organization who referred him for prosecution. Thus, they will not lift their detainer. The detainer is simply a request to have him returned to them once the prosecution is done. Even if he were to be released by the criminal judge he would likely be mandatorily detained by ICE for the prior drug convictions you alluded to in your note. You should contact a qualified immigration attorney.