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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

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Attorney answers 5


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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A good attorney can keep this person in the US for years before they will be deported.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko


I completely agree with Counsel Capriotti that that an aggressively competent legal representation could stay such removal for years in a legal conundrum.


All depends on the facts and attorney involved.

Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. Moore & Moore Attorneys at Law --


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.

This is general information, not legal advice, and does not create an attorney client relationship.


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.

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