Yes, it is likely that ICE will issue a detainer. The issues are more complicated as to whether he can stay. More information is needed. How long has he lived in the U. S.? Assuming that he can prove that he lived in the U. S. for ten years, the law allows the Immigration Judge to deny what is called non permanent resident cancellation of removal to an applicant who lacks good moral character.
Whether someone in your husband's situation lacks good moral character is decided on a case by case basis. It depends upon the facts and the discretion of the immigration judge. However, it is conceivable, but less likely that he will be approved for an immigration bond based upon his re-arrest. It will take both facts and incredibly time consuming efforts by an experienced immigration attorney to convince the judge that he should be granted relief.
You really need to hire an experienced immigration attorney
This is general information, not legal advice, and does not create an attorney client relationship.
Given that ICE was already trying to deport him based on the first 2 DUIs, the third does not improve his chances. However, as Attorney Dixler explained, there may be some relief available to him depending on his personal and family circumstances. It will not be easy. Hire an attorney before his release date.
Law Office of Mary K. Neal | www.immigratechicago.com | firstname.lastname@example.org| 773-681-1335 This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private.
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