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What to do about my brother being on ICE hold?

Los Angeles, CA |

My brother had a warrant out for him because he didn't show up to court. He was arrested this Saturday 22 at 3:00 am and was told it'll only be for a couple hours but then they put him on ICE hold. He has court tomorrow and were not sure what to do to stop deportation proceedings. We also wondered if he could be protected under DACA.

Attorney Answers 4

  1. Are you sure that he meets the DACA qualifications? Does he have a criminal record? If not, is he under 31 years of age? Did he arrive before the age of 16? Has he lived in the United States for at least five years continuously? Is he a high school graduate, college student or military veteran?

    So far, only about 4,500 applications have been approved, as opposed to about 2,000 which were rejected or else were sent back as incomplete.

  2. The issue is not only whether he has a criminal conviction, but whether he entered before the age of 16, was in the U. S. from 6/15/2007 to 6/15/2012 (with proof), and he was under 30 before 6/15/2012. It is also unclear whether he has a final order of deportation. Usually, a respondent is not put before an immigration court so quickly unless he is before a criminal court.

    More information is needed, so I recommend an appointment with a competent and experienced immigration attorney before he pleads guilty, among other issues. Again, more information is needed.

    This is general information, not legal advice, and does not create an attorney client relationship.

  3. I agree with my colleagues.

    Meet with an attorney ... many of us are working today.

    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.

  4. The police did not put an ICE hold on him, ICE did. Unless he fights, he will be deported after criminal proceedings against him are completed. Your brother needs to speak to an immigration attorney ASAP.

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