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Difference between arrest and detention for immigration matters

Morgan Hill, CA |
Attorney answers 3


None. You are not free to go whether "detained" or "under arrest."

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


Arrest is criminal in nature, whereas detention for the purposes of immigration is not criminal. Detention is when the immigrant is taken into custody during deportation hearings. An immigrant is released from detention either upon being deported, or upon winning their immigration case and being released.


To be arrested means taken into custody by the police (City, State, or Immigration). Generally, people in jail because of immigration are said often referred to as being "detained" and in jail for criminal activity are are referred to as being "in custody." I really don't know your situation but seems like you need an immigration attorney that deals with deportation, again, really don't know what you are asking.

Raja S. Gill | Attorney At Law | Gill Law Group | T: (855) 600-4567 | T: (949) 333-0891 | F: (949) 625-4816 Disclaimer: Answers/information provided on this site general nature for information and educational purposes only. The answer may or may not apply to the facts of your case. Please consult an attorney before making any decisions or in any way relying on this information.

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