It's not clear what you're asking. You need to consult with an immigration lawyer.
My answers are intended only as general legal advice and are not intended to create an attorney-client... more
My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com
Immigration doesn't have him for not completing probation--the criminal court does. I'm sure there's also an ICE hold on him. As long as he is in custody, he will have a court appointed attorney on the criminal case. He will have to dispose of that before he will be transferred to ICE. I would get him an immigration attorney as soon as possible.
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He can beat the probation violation since he was deported - that is not his problem. His problem is illegal re-entry. He was deported therefore he was not permitted to return. This will likely be handled in federal court. Once he is again deported, he CANNOT return - likely EVER.