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Why would an illegal immigrant be detained with the US Marshals instead of ICE?

Houston, TX |

My brother in law does have a criminal record here in houston tx. The charges were DUI, Drugs, Theft, and domestic violence. He served a year in TDCJ for theft and then was deported. He recently was caught crossing the border illegally and is currently in custody with the US Marshals. Is his past record the reason he is there instead of in ICE? Thank you!

Attorney Answers 4


Illegal reentry after a deportation is a federal felony. They might be prosecuting for that crime.

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Your brother-in-law is likely in the custody of the U.S. Marshals pending criminal prosecution. Illegal re-entry is a criminal offense punishable by jail time and/or fine.

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Your brother in law has committed a crime by re-entering illegally. As my colleagues mentioned this can be considered a felony which would cause him to be with the US Marshals/

Alexus P. Sham-The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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3 lawyers agree


As others have stated, illegal re-entry is a federal felony. Additionally, the fact that you said he has other charges could have something to do with US Marshals' custody as well.

R.J. Alexander's answer to a legal question on Avvo does not establish an attorney-client relationship. Feel free to call his office at 832.458.1756 to make an appointment or visit his website at for more information about his services and recent victories.

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