Contact a sacramento immigration attorney quickly. Even though he has been "released" from county custody, the ICE hold is still in place. They usually take 1-3 days to pick him up and take him to ICE's facility on Capitol. Once there he will be interrogated and fingerprinted. They will persuade him to sign for Voluntary Return. He needs to know what not to sign and what is ok to sign.
He has relief available, but steps need to be taken to ensure he can fight his case.
Sacramento Immigration Attorney
Law Office of Daniel M. Wigon - 916-447-8975. This should not be taken as legal advice. Consult with a local attorney before making a decision that could adversely affect your rights.
I see a slight problem here: "my boyfriend was arrested" and "he is married to a US citizen". Hire an attorney as soon as possible.
Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.
ICE will try to have him deported since he is the country illegally. Upon learning that he has been here for over 10 years however, ICE might agree to have him released on his own recognizance or minimal bond, since ICE will understand he qualifies for the relief of cancellation of removal in immigration court. But they don't always play "clean" and might intimidate or otherwise pressure him to sign voluntary departure. These cases are not easy to properly prepare and cancellation relief is totally discretionary. Best to hurry and hire your BF the best immigration attorney money can buy to immediately start working on his case.
Behar Intl. Counsel 619.234.5962 Kindly 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.