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My boy friend has been in prison 4 15 years he has a i.n.s hold on him we are trying to get him transfered to mexico

Las Vegas, NV |

hes locked up in the state of nevada i wanna know where to start somewhere but ive never done this before can u please give me a good answer and the crime that he committed wasnt that severe

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Attorney answers 6

Best Answer
Posted

If he has been in prison for 15 years it appears that he was convicted of something serious. You may want to contact the Mexican consulate to see what if any options may exist. Good luck.

For a consultation 714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.

Posted

Sometimes the severity of the crime does not equate to the level of immigration consequences. Regardless, your boyfriend will most likely have to serve out his time in jail in the U.S. before being released and deported.

The statement above is only for general knowledge purposes and at no time intended to be a legal opinion. The individual posting the question and those reading should always obtain the advice of a qualified attorney. No attorney/client relationship is established.

Richard Andrew Constantino Alton

Richard Andrew Constantino Alton

Posted

And by released I mean handed over to ICE ("immigration")

Asker

Posted

but does he have a chance to get tranferred is it possible for that to happen and if it is were do i start

Richard Andrew Constantino Alton

Richard Andrew Constantino Alton

Posted

The best advice I can offer you is to speak with an criminal attorney familiar with the prison system your boyfriend is in to see if that is option, i.e. early release prior to completion of his sentence, this is not so much an immigration issue. If his sentence is over and he is to be sent over to ICE, then you should speak with an immigration attorney who works in your area.

Asker

Posted

he has 5 charges he already finished doin the time for 3 charges

Richard Andrew Constantino Alton

Richard Andrew Constantino Alton

Posted

As my colleague suggested contacting the Mexican Consulate may be an option too.

Asker

Posted

ok but he tried getting sent back to mexico he got denied only becuz he gots ties in the united states thats the only reason for them not sernding him, bak to mexico

Posted

You omit the crime he was convicted of.
It would seem serious enough to merit such a long sentence.
I would agree you contact the Mexican Consul, but rest assured he is more likely than not to complete his sentence in the USA before being deported.

Goodluck.

Asker

Posted

he had submitted a application for international transfer and it wasnt even submitted they gave him a memo telling him the reason for not giving him the transfer was because his family ties in the united states so if he had family ties in mexico then he would of got the transfer, right?

Ekaette Patty-Anne Eddings

Ekaette Patty-Anne Eddings

Posted

You still omit the reason for his imprisonment. You can email me directly if you wish.

Asker

Posted

im sorry but im not understanding the word omit can u explain please thank u and ok i can e mail you

Ekaette Patty-Anne Eddings

Ekaette Patty-Anne Eddings

Posted

Why was he sentence to 15 years. What was his crime?

Posted

My colleagues have provided excellent comments. Fifteen years indicates a serious crime was committed. The likelihood of the US agreeing to allow him to serve remainder in a foreign country is lessened with the increase in severity of the crime.

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

Asker

Posted

he has already applyed for a international tranfer an the only reason why he got denied was cause his family ties in the united states not his crimes

C. C. Abbott

C. C. Abbott

Posted

You need to contact an experienced criminal attorney in NV who can assist in attempting to advocate for the transfer

Asker

Posted

so i wouldnt need a immigration lawyer i would need a criminal lawyer

C. C. Abbott

C. C. Abbott

Posted

If ppossible you should see if there are any criminal lawyer that also handle immigration cases there are a few

Posted

Sometimes crimes that don't seem severe actually are very severe for immigration purposes. As a Nevada attorney, I'm not aware of any crimes where your boyfriend would be in prison for 4+ years that would not be an "aggravated felony" for immigration purposes which would require his deportation upon completion of his sentence. This is a very complex field and an attorney would need to know exactly what the conviction was for as well as the sentence to be able to clearly identify his prospects. Would also need to know his current legal status and when he received it, if he has any. As for transferring him to Mexico.... absolutely NOT going happen, sorry.

Asker

Posted

even with his family ties in mexico

Peter Lunt Ashman

Peter Lunt Ashman

Posted

I don't understand. Do you mean even with his family ties in Mexico will they still not release him early to go to Mexico? If that's what you mean, what would having family in Mexico have to do with anything? I don't mean to sound rude, but seriously, Why would the U.S. want to cooperate in any way with a criminal regardless of where he's from. They will want him to complete his sentence, then they will deport him. I'm sorry to have to tell you the bad news, but it would be worse for you to think that maybe he could get out and you could go visit him in Acapulco.

Asker

Posted

you are rite thank you very much and thank u for being truthful

Posted

The fact that he has an ICE hold means that he will be transferred to ICE custody upon completion of his criminal matter, and that includes serving time. Once the state is done with him, ICE will pick him up and get him transferred to a detention facility. At that time, he will have the option of signing his return to Mexico or he can try to request a hearing before an immigration judge if any relief is available (an aggravated felony bars almost all forms of relief). Once he is in ICE custody, I recommend you speak with an immigration attorney in your area who has experience in detention matters.

This is just a general answer based on the scenario posted; it is not intended as legal advice for the specific case. Please speak with an attorney for legal advice.

Asker

Posted

so is there any chance at all of him gettin a tranfer to mexico even thru the pardons board

Renzo Fidel Manay

Renzo Fidel Manay

Posted

Please keep in mind that the ICE hold limits the state's ability to move him and/or release him. It gives ICE the right to deal with his immigration matter after he is done with his state matter. At this point, an immigration attorney would not be able to do anything for your boyfriend because he is not in ICE custody yet. As has been advised above, you may want to consider speaking with a criminal defense attorney in NV who also practices immigration law.

Asker

Posted

thank u very much

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