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My friend has a ins holld on him he is serving time for no driver license.

Garden Grove, CA |

his mom is a citizen an his dad is a permnant residence, his mom got him a lawyer can he get out on bail and how long will that take?

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Attorney answers 1


It depends on what ICE finds out from him when they interview him. If they determine that he is a mandatory detainee, meaning he has one or more serious criminal convictions, then he would not be eligible for bail. However, if ICE finds that his only conviction is driving without a license, then he would still be removable for being in the country illegally but would be eligible for bond. In fact, ICE may simply let him be released while having him placed in removal proceedings if it determines that he is not a mandatory detainee, not a flight risk, and a not a threat to the community. Please note that your friend would still have to complete the remainder of his criminal sentence before the issue of eligibility for bond arises.

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