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My boyfriend was arrested for dui is in jail waiting for court hearing and has a immigration hold what would happen after court

Santa Maria, CA |

he has previuosly being deported for a dui and had a pending dui case when he was arrested this time. Is waiting for court hearing with immigration hold..what is going to happen to him and how can i find out about him. We have a 2 and 1/2 year old boy.

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Attorney answers 4


If he has an immigration hold, he won't be released unless it's lifted. With a prior deportation, he'll need the help of a good immigration attorney, along with a criminal defense attorney to handle the DUI case.


It seems that you are saying that your boyfriend was previously deported from the US. Under what circumstances did he return to the US? If he is in immigration hold following his most recent DUI arrest then it would seem to me that he returned without permission.

If this is the case, then he will be removed again and this time he will not be taken to court before being removed.

If you are trying to find where he is being held, you may call ICE and find out who is his deportation officer. His deportation officer will supply you with this information. If you do not have legal status in the US, please have someone who does have status make this call for you.


You've left out one important fact: Is he in the country legally?

For a legal resident, a DUI usually does not result in deportation. (Multiple DUI convictions, however, could be considered evidence of alcoholism, which is grounds for keeping someone out of the country.)

It sounds like his previous deportation was for being in the country illegally, not for the DUI.

If he 's here illegally now, ICE (Immigration and Customs Enforcement, formerly known as INS) needs to pick him up within two days of completion of his sentence or he will be released.

If he's here illegally and gets turned over to ICE, he will probably be deported again.


Illegal re-entry will typically result in a federal prison sentence of a year or more followed, of course, by deportation and a threat of a much more severe federal prison sentence if he should ever return again (unlawfully). If there is currently an immigration hold on him, he is ineligible for release on bond. Consult an immigration lawyer as well as a DUI defense lawyer immediately.

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