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If an inmate is a US citizen can he have an INS hold?

Santa Clarita, CA |

what options do we have to help inmate stay in the US after serving incarceration sentence

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Attorney answers 4


A US citizen can have an ICE hold placed on them when ICE does not know or believe them to be a citizen. Consult with and hire a lawyer.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


Does ICE know he is a U.S. citizen?


No. Provide proof of citizenship. He may have to do this at Removal Hearing if it gets that far. Do retain an experienced Immigration Attorney for assistance.

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.


One of two things might be happening. It is possible that ICE doesn't know that he is a US citizen. Another possibility is that an illegal act was committed prior to him becoming a US citizen, assuming the inmate gained his citizenship through naturalization.

Contact an attorney and have the attorney communicate with ICE and the detaining agency.

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