my husband was detained by immigration on his way to work he got stopped by them and arrested. he went to the county jail with any charges and then got transferred to tacoma detention center there he went to el chaparral in new mexico and finally to mexico they said he didn't qualified for a bond or for a court hearing because he had an old deportation feom the border back in 2008 and he got deported for 5 year in 2008. but I'm just amused how other people with charges and old deportations get out of detention centers ith a bond. we have two kida and he was the head of house hold. I have Daca. yesterday I ran into a guy that had charges because he hit his wife he had a dui and immigration hold and he got out he paid a bond. so how come my husband with no felonies or other issues couldn't.
Yes, DHS can simply reinstate an order of deportation if a person is deported and returns to the U.S. illegally.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Unfortunately, where there is a removal order outstanding, they can just use it without involving the courts. This must be awful for you.
With a prior deportation order, your husband may subject to reinstatement of his prior order. This means that if your husband was physically removed or deported, then reentered, they can issue another order to reinstate his prior order without him being able to see a Judge. If he wasn't actually removed or deported, they can enforce a prior order that was previously ignored. There are exceptions and possible remedies for both processes. And either process can be stopped if the prior order is reopened, so I would immediately consult with a reputable attorney in your area. There may be a legal or discretionary ground for reopening, so do a consultation right away to see your options. Every second counts for your husband. Good luck to you and your family.
Be advised that the above answer is not legal advice. Answers offered on Avvo are not in response to all the relevant facts, are of a general nature only, and do not create an attorney-client relationship.
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