Why no immigration hold?

My husband was arrested for a DWI, he was released the same day on bond. He is also an illegal alien. What could be the reason why they did not put an immigration hold on him? Not saying that I wish they did, just curious to why they didn't. Could they later try to send him back?

Mount Pleasant, TX -

Attorney Answers (8)

Giacomo Jacques Behar

Giacomo Jacques Behar

Immigration Attorney - San Diego, CA
Answered

Perhaps because during questioning they realized that he has been living in the US for more than 10 years, has US born children and that once placed in removal proceedings in immigration court , he will claim the relief of cancellation of removal for non - LPRs and claim extreme hardship to one or more of his US citizen children who might have medical issues, etc, which cannot be meaningfully taken care of in Mexico or wherever he is from.

Stand by for the "Notice to Appear" to be issued by ICE and hire the best immigration lawyer money can buy in Texas.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
Karen-Lee Pollak

Karen-Lee Pollak

Immigration Attorney - Dallas, TX
Answered

We can only speculate but he may be served with a notice to appear in removal proceedings.

Thomas Esparza Jr.

Thomas Esparza Jr.

Immigration Attorney - Austin, TX
Answered

it is christmas. also, he is a very low priority on the totem pole of priorities.

The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A... more
Irene Vaisman

Irene Vaisman

Immigration Attorney - New York, NY
Answered

just because someone is arrested it does not mean there will be an automatic ICE hold. What I would recommend is seeking advice from an experienced attorney as to whether anything can be done about his immigration status.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
Stephen D. Berman

Stephen D. Berman

Immigration Attorney - Chicago, IL
Answered

Maybe ICE never found out, and maybe he did not met the criteria for putting a hold on him.

The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Immigration Attorney - San Francisco, CA
Answered

I agree with my colleague. No way to know but consider him lucky thus far.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
Cassandra Ann Rodriguez

Cassandra Ann Rodriguez

Immigration Attorney - Fairfield, OH
Answered

It sounds like he was lucky. I'd buy a lottery ticket! In my neck of the woods, I have never seen a DWI escape ICE's eye. Was he given any paperwork? Assigned an A #?

I would suggest to you that you contact an immigration attorney to see about filing an I-130 on behalf of your husband. There is something called a provisional waiver that is supposed to come into existence soon, that may benefit you and your husband. You can check out details on my website or check uscis.gov Make sure to inform your attorney about the DWI as that will need to be examined and dealt with, as any conviction can affect one's immigration status and eligibility for benefits.

I wish you continued good luck!

Cassandra Rodriguez

TuAbogadaAmiga@aol.com

This answer is for general information only and is not intended as legal advice regarding your specific situation.... more
Haroen Calehr

Haroen Calehr

Immigration Attorney - Houston, TX
Answered

If your in an area not to close to a big city like Dallas, Houston, San Antonio, El Paso, and Austin where there is a large ICE presence often times even though they are notified by the DA or law enforcement that apprehended him for the DWI via fax, they do not respond in time and therefore once released within 48 hours ICE has forfeited their chance to utilize the hold option. That doesn't means they can't issue a charging document like an indicment like the DA will on his DWI charge as a Class B misdemeanor, called an NTA-Notice to Appear later and file it with the immigration court. As the other colleagues suggested consult with competent immigration counsel and also don't forget competent DWI defense counsel. If it has not been more than 15 days since he was pulled over his attorney needs to promptly file notice with Texas DPS to challenge his license suspension and request an ALR Hearing (Administrative License Revocation hearing). He will essentially deal with 3 cases. His ALR case with DPS; His DWI criminal case in court; and potentially his Immigratoin case. Good luck.

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