How long can someone be detained by immigration before they are deported?
Escondido, CA |
-Person is an illegal immigrant
-Person is detained
-Person has not signed any documents waving their rights away
-Person will be seeking help from an attorney
-Person has remained quiet during their detainment
In my line of work I have seen removal cases with the shortest timeline of several weeks and the longest of up to a year, depending on each case's variables, prior criminal history, specifics of the initial arrest and other relevant factors.
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More information is needed. Why is this person unlawfully present in the U. S.? Are they a visa overstay? Did they enter without inspection? Are they married to a U. S. Citizen? How long have they been detained? What are the charges on the Notice to appear that he should have received from the Immigration and Customs Enforcement Agency?
A lot more facts are needed to decide what is the best strategy in this matter. In some situations, a person may not qualify for a visa, while in others they may not be able to afford both the bond and an appropriate defense.
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It depends on whether or not they are fighting their case and if they appeal any decision of the immigration judge. However, as a result of the Hatter Injunction, any mandatory detainee that has been detained longer than six months will now be entitled to another bond hearing with a different standard that could allow the detainee to bond out.
This is not intended to be legal advice, just a general and broad responsed to a topic.