Nowadays "iCE holds" cannot be successfully lifted. Your only chance is to have a reputable local attorney to look into it and see whether any relief from removal is available for each.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
The recommendation of my distinguished colleague, attorney Giacomo J. Behar has furnished to you is correct. Now you just need to act on it with the help of local immigration counsel. You should not be restricted by geographic factors. Good luck.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
They will likely have to wait for a bond determination, which may require a motion. Most law enforcement agencies will hold an someone who violates immigration law, among other rules like failing to pay for child support.
If no relief is available to stay in the U. S., then they may be deported while in detention following a judge's order. Yet, they must try or they will never get another chance, perhaps, for ten years or for life, to lawfully overcome this challenge. Now, is the time. Hire a competent, ethical and experienced immigration attorney. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.
Almost indefinitely the ICE hold will not be lifted until it is either honored or (in increasingly rare instances) it is not honored by state or local law enforcement. After it is honored your loved one is likely to be detained until they see an immigration judge to possibly redetermine custody in the case and begin removal proceedings where they will need a lawyer. It is of course possible the ICE detainer was improvidently issued and your loved one is in state or local custody and you are afraid to pay bail, you must contact experienced counsel in the crimmigration matter at once.
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