He has lived in the US. legally since he was four and now he is thirty four. it's the only home he knows. he is there because he has a criminal back ground. a few DUI and Traffic Violations I don't understand why he has to be there so long and will he be deported because of this.
A few DUI's? two, three, four?? He should hire a experienced immigration lawyer immediately and request a bond hearing with the Court. Of course the immigration lawyer needs to know all his criminal history. EVERYTHING!!
Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an attorney/client relationship. Speak to an experienced attorney before making decisions.
Divorce / Separation Lawyer
How many DUI/DWI's have he had? What were the outcomes of those cases? Where is he detained right now? How did he end up being detained by ICE? It would be best for you to consult with a local attorney with criminal and immigration experience. To have a better consultation, please bring in his A number, profile information- the more the better. I handle immigration and criminal cases. Best of luck.
DISCLAIMER This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in Texas.
Does he have a "criminal record" beyond his DUIs? More information is needed? Is he in Harris County or Export Plaza? Consult with an Immigration Attorney ASAP.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.
The previous answers are right, more info is needed. However I can tell you that four days in immigration detention without a court date is not unheard of. It can be a couple of weeks before he sees a judge in some situations depending on how crowded the detention center is.
4 days is very reasonable. There are only 2 active/sitting judges on the bench for the detained aliens and their dockets (calendars) are very full. You should hire local well qualified immigration attorney who can visit him at the detention center, and review the charging document called NTA-notice to appear, which lays out all the charges against him, and the basis of why ICE wants to deport/remove him from the US. Having multiple criminal convictions, ie DWI;s as you mentioned in your question, most likely makes him mandatory detainable, meaning he may not be eligible for a bond while he is fighting his deportation case. Having several DWI's can be very serious. You need to hire competent immigration counsel to defend him and try to prevent his deportation. Good luck.
Criminal Defense Attorney
He will likely be at the CCA contract facility at 15850 Export Plaza Dr Houston, Texas 77032. You will need to obtain the Alien Registration Number (A Number) that will be found on the bracelet that they gave him while processing in.
Once you have that number, call 1-800-898-7180 for the next court date.
Depending on his nationality and how long he will be in detention, they can move him to the Polk County Detention center at 3400 FM 350 South, Livingston, Texas 77351. The phone is (936) 967-8000.
He can be placed int removal proceedings solely because of his unlawful presence. Depending upon his criminal history, he can be eligible for Cancellation of Removal (requirements at the link).
firstname.lastname@example.org 281-904-3797. This response should not be construed as legal advice. It is only intended as information and I recommend for legal advice you seek the consult of experienced immigration legal counsel. The posting of my response in no way infers client - attorney relationship has been established.
As stated above, four days is not terribly long to be detained before being given a court date. As to whether he will be deported, this depends entirely on specifics of the case. However, given the length of his time in the U.S. and the details you provided, he very well may have options to avoid deportation. The sooner an experienced immigration attorney is hired to look into his case the better his chances are. Good luck!
If he has 3 or more DWIs or other crimes such as assault or theft he will not get a bond. But if is legally here as a permanent resident it's possible to fight his case & win it depending on his equities (the things in his favor). You do need a lawyer though.