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My friend was arrested for first DUI, he is out of status.Will he be deported?

Key West, FL |

This is his first offence. He is under immigration hold. Is it confirmed that the ICE will definitely come to arrest him? What if it wont come in 48 hrs? Can he be released after that?

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Attorney answers 4

Posted

If he is in the United States without valid immigration status, he could be placed in removal proceedings regardless of the fact that this is his first offense. ICE has discretion to take your friend into custody and/or initiate removal proceedings against him if he is without of status. Your friend can be released from custody once the ICE hold has either been lifted or run out. I would encourage you to retain an experienced immigration attorney on behalf of your friend.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

Posted

If he has an immigration hold, after his release from criminal custody, he can seek an immigration bond, and apply before an Immigration Judge for any immigration relief for which he is eligible.

Please see

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

ICE will most probably come. Get an attorney that is familiar with Krome and removal practice so he can get a bond for your friend.

This is not legal advice and a client attorney relationship is not created. You should not rely solely on the information provided in this page as every case is different and laws are in a constant state of change.

Asker

Posted

What if the ICE do not come within 48 hrs of his custody? Can he be released.

Nicolas Andres Olano

Nicolas Andres Olano

Posted

Unlikely, but yes.

Asker

Posted

Can he hire an attorney before ICE comes up or he should wait for them to make any charges against him.

Nicolas Andres Olano

Nicolas Andres Olano

Posted

Wait until he is in immigration custody

Posted

He will most likely be handed over to ICE, and ICE will institute removal proceedings against him. He will have an opportunity to go before a judge and present a defense, however, it would be a bad idea to go through that process without being represented by a competent immigration attorney. Now is the time to start looking for one. Best of luck!

Answers provided by Ksenia Maiorova, Esq. on Avvo.com are of a general nature and do not constitute legal advice.

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