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

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

  2. 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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  3. 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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

  4. 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 correct for your situation. You should consult with an attorney and not rely on any information contained herein regarding a specific situation. Please be advised that the act of responding to your question does not alone create an attorney-client relationship. A separate agreement that Wilson Law Group will furnish legal services to you must be entered into before an attorney-client relationship is established. Deadlines are extremely important in most legal matters. If you have any questions regarding this disclaimer, you may contact Wilson Law Group at 3019 Minnehaha Ave. Suite 200, Minneapolis, MN 55406 or via telephone at 612-436-7100.

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