My husband got arrested for driving on suspended license, DUi and no valid license and has a immigration hold. His bond is $1100. In 2007 his appeal got dismissed in the supreme court and we did not persue another appeal after 2 appeals. We knew that in time he would be deported. My question is....should we pay the jail $1100 and will ICE then pick him up right away. or if we do not pay bail will ICE wait till his goes to court and local charges are resolved. We want to expidite matter so he can go back to his country. But if we do pay the $1100 and Ice does not pick him up fast and he goes to court for local charges would I get my $1100 back? Please advise me what to do.. should we wait and not pay bail or will that speed up the process for ICE to pick him up. Thank you for your time.
My advice is that you certainly consult with an attorney immediately. But before giving your money to the first attorney who tells you what you woulkd like to hear, be careful and get informed.
As you said in your inquiry, your husband is going to be deported. But the reality of things is that even if he is in an ICE detention facility, his removal may not go as quickly as you would like it to go. So I would caution against posting the bond with the idea that this is going to make things any quicker. Instead, get plans together as to what happens next and then proceed accordingly.
If your spouse's case resulted in his being deported, there is little likelihood that anyone will be able to convince ICE to release him. Although release is always a possibility, this rarely happens in a situation like this because ICE is simply going to have little in the way of confidence that your spouse will leave as instructed - being that has already failed to comply with the orders previously issued by the Courts.
If the bond is posted, ICE will assume custody and will transfer him to Miami. From there your spouse may be moved again either within the Miami Field Office or someplace else. The deal is that your spouse does not need to see an Immigration Judge at this point, so ICE may move him to a facility where folks are detained where they do not need to see a Judge so that the bed space at locations where detainees need to see the Judge can be used accordingly. My experience has been that it is likely that your spouse will remain somewhere in Florida, but ICE has complete control over where your spouse is detained.
Assuming that your spouse is moved to an ICE facility, he will need a current travel document to be removed. This means either a passport or another document issued to him by the Peruvian Consulate in the US. If contact has not yet been made with the consulate, call them immediately and let them know that you spouse is a Peruvian national and is detained by ICE and is looking to be deported as quickly as possible. The consulate should be able to provide you information about how to obtain this necessary component to your spouse's removal.
As you can see, there are many plans which need to be made in order to accomplish the goal which you would like to have done. Moving your spouse to ICE right away may not be the best idea. But what folks often do is post the bond and start a process that they later figure out may not have been the right idea to do. Sometimes keeping your loved one in the local jail is the better solution to this problem and consultation with an attorney about the best decision to make is important.
Another issue is bond. Some bonding agencies will not want to post a bond on your spouse's behalf because the reality is that once he is released on the bond, he is going to disappear to ICE and there is no guarantee that he is going to appear at his next scheduled hearing on the criminal matter. So i have often seen bonds posted and then rescinded in these circumstances because if the bonding agency does not have the assurance that the defendant will appear at a subsequently scheduled hearing, the agency does not want to post the bond.
I can see that you posted this inquiry a few days ago and I am hopeful that you have made an informed decision about how to proceed. Be careful and do not listen to everyone in the jail and on the street who will offer their "two cents." Find an attorney who can at a minimum provide you with an idea of the issues discussed above and wh ocan assist you and your family in making an informed decision on what to do and the steps which should be taken in the immediate future.
ICE won't do anything until the case is over. Even if you pay the bond he won't be released because of the ICE hold, not until the case is resolved. Your husband will eventually be transported by ICE and there will be a deportation hearing. Whether he will be deported is unknown at this time. He still needs a defense attorney to address the DUI.
If he has court cost from resolving the DUI case the bond would be applied to any court cost. If he is deported I don't think you would want to pay his court cost. Outstanding court cost would suspend his driver's license but that would not be a big concern if he is deported. Posting a bond will not get him out because of the ICE hold. He is stuck in jail until ICE decides what they want to do with him or the hold expires.
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