My boy friend has a years probation because of his second DUI offense. He completed all of his community service, has been going to the weekly AA meetings, as well as been paying his probation on time bi-weekly. Part of his probation was to serve 72 hrs in jail. When he was suppose to be released they put a 48hr immigration hold on him even though his probation isn't over yet. Can ICE pick him up and start the deportation process even though his probation isn't even over yet?
The short and sweet answer is "yes". Depending on the county and the aggressiveness of their immigration enforcement, they will usually start removal actions someone before they even bond out. A lot of courts simply toll the probation, meaning that its paused and if they make it back into the state, they start the probation period running again.
Evan A. Watson is a Georgia licensed attorney. All information is based on Georgia law, and no response should be construed as legal advice. Additionally, this response does not create an attorney/client relationship. The response is simply a form of legal education and is intended to provide general information for all readers. Please refer with an attorney who practices in your applicable state for non-Georgia legal questions.
If he is in the country illegally, regardless of his criminal history or lack thereof, he is potentially deportable.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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