according to his court date , judge granted him with time serve . he served 3 ks incarcerated . However he has a ICE hold . how does the 48 hour apply and what can we do to if Ice don't show up with in 48 hours .
Depending on the crime, you will need to see if he is eligible to be detained at all. If ICE does not hold him, you may pick him up. However, there is a high probability that he will be detained and at that point you will need to contact an attorney to help you obtain a bond and see if there is any relief for him.
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If I understand correctly, you are asking what will happen if ICE does not pick him up within 48 hours. In this case, the correctional institution will in all likelihood let him go. In some instances however, they try to arrange for ICE pick up once again before doing it. In most, ICE does pick up within 48 hours thus resolving the guessing game before it even happens.
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Employment / Labor Attorney
Most of the time, especially if a person was detained for relatively short time, ICE will pick them up. The jail will make arrangements for the ICE agents. If the person is not picked up, she/he will be free to go. However, I recommend you consult with an immigration attorney to develop a plan and see what can be done in either situation. Good luck.
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com
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If there is an ICE detainer placed on the system, he will most likely be picked up within 48 hours of his release from State jail. If ICE does not show up within such time, the State must let him go. If they refuse to do so, you may file a habeas corpus with the court to have him released.
This answer does not create an attorney-client relationship and should not be relied as legal advice on your case. You may call my office at (832) 305-5382 to schedule a consultation if you require specific legal advice. Law Offices of Hector J. Lopez. 1201 South Shepherd Dr. Houston, TX 77019. www.hjlopezlaw.com