What happens if a person was given a bail from the judge to get released and was on immigration hold.?

Asked almost 2 years ago - Atascadero, CA

If the judge gives my son for misdemeanors charges a bail to be released.. What will happen with the immigration hold?.. He was charged of DUI of 0.08% of alcohol and child indangerment.. What can we do about the immigration hold?

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . Nothing. He will be released on bail but to the custody of ICE. There, in removal proceedings before an immigration judge you will be able to ask for a release from ICE custody on bond. I suggest you hire an experienced immigration attorney to assist you in the process and reduce the unnecessary time in detention. We, at www,myattorneyusa.com can help in this matter. We do have the necessary experience. We offer a free 15 min phone or sype consultation.

  2. Seth Andrew Weinstein

    Contributor Level 15


    Lawyers agree

    Answered . If the Judge gives your son bail, which he will, you can post the bail. This will "free" him up to go to INS Detention (although they could take him there anyway). If he qualifies, he may be able to post immigration bail. Thus, he will be on the outside fighting his case.

    Seth Weinstein, Esq.
    Practicing throughout Southern California
    (310) 707-7131

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  3. Julio Enrique Moreno


    Contributor Level 9


    Lawyers agree

    Answered . I agree with both of my colleagues above. I would just add that once the criminal bond is paid and he has satisfied all debts to the local authority, ICE has 48 hours to pick him up. If they don't pick him up by the end of the 48 hours then an experienced attorney will be able to make an argument for his release. If ICE picks him up then an immigration attorney can review his criminal record and determine whether he is eligble for a bond. Good luck!

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI and criminal records

An arrest for DUI will show on your arrest record, and a conviction for a DUI-related criminal offense will show on your criminal record.

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