Trying to make a case for son's dad who is being detained by ICE

Asked over 1 year ago - Minneapolis, MN

My son's father was arrested for a dwi last week, thrown into the county jail, and released to ICE being that his bond was paid. He has been held with ICE for a week now. His situation is as follows: this is his third dwi, although the first was charged when he was 17. He came to this country when he was younger than 16, with his father, who is no longer here. He and I were together for five years and had a child, who is now four years old. We are no longer together, so marrying him is out of the question. He is now 25, been here for more than 10 years. He has no relatives here that can sponsor him. Being that he has multiple misdemeanors, can he apply for deferred action? What other defenses do we have? He never had a visa to come here, but came here involuntarily. (The only misdemeanors he has are traffic related i.e. no insurance, no license, dwi)

Attorney answers (4)

  1. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . 3 DWI convictions is bad, very bad.

    Still, if he hasn't been convicted of the 3rd one yet, there's a chance.

    Meet with an immigration lawyer IMMEDIATELY. Make sure his criminal defense attorney does NOT ACCEPT A PLEA BARGAIN.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Karen-Lee Pollak

    Contributor Level 19


    Lawyers agree

    Answered . Consult with an attorney. He will not qualify for Deferred adjudication if he has 3 DWI's

  3. David Lee Wilson

    Contributor Level 10


    Lawyer agrees

    Answered . Two things. If arrested in Minnesota, the bond will be no less than $10,000 with this history. Because he has a child born in the US, he may have an alternative defense to deferred action for childhood arrivals. You could really benefit from the assistance of an attorney competent in the area of removal defense.

    The law may vary from state to state and is subject to change without notice so that some information may not be... more
  4. Tripti Sharad Sharma


    Contributor Level 19


    Lawyer agrees

    Answered . I agree with my colleagues.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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