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What to do about my brother being on ICE hold?

Los Angeles, CA |

My brother had a warrant out for him because he didn't show up to court. He was arrested this Saturday 22 at 3:00 am and was told it'll only be for a couple hours but then they put him on ICE hold. He has court tomorrow and were not sure what to do to stop deportation proceedings. We also wondered if he could be protected under DACA.

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Attorney answers 4

Posted

Are you sure that he meets the DACA qualifications? Does he have a criminal record? If not, is he under 31 years of age? Did he arrive before the age of 16? Has he lived in the United States for at least five years continuously? Is he a high school graduate, college student or military veteran?

So far, only about 4,500 applications have been approved, as opposed to about 2,000 which were rejected or else were sent back as incomplete.

Asker

Posted

Prior to this he doesn't have anything, but right now he has a felony hearing tomorrow. If this can be dropped he meets all the requirements. Also, he came in 1992 he went to Mexico for a brief period in 2005 and came back in in 2005 but was caught,fingerprinted and sent back. He then tried again and has continuously been here since 2006. Can this affect his chances to apply for DACA.

Douglas Holbrook

Douglas Holbrook

Posted

Do not do anything final on his case without consulting with an experienced immigration attorney!

Asker

Posted

Will do. We're going to see how court goes for him tomorrow and work from there. Thank you.

Asker

Posted

Will do. We're going to see how court goes for him tomorrow and work from there. Thank you.

Asker

Posted

Will do. We're going to see how court goes for him tomorrow and work from there. Thank you.

Asker

Posted

Will do. We're going to see how court goes for him tomorrow and work from there. Thank you.

Asker

Posted

Will do. We're going to see how court goes for him tomorrow and work from there. Thank you.

Asker

Posted

He is going to county because he violated his probation and then ice can have him. We talked to him and he said they were going to interview him and we're wondering should he answer them whatever it is they ask or wait to have an attorney present. Merry Xmas to u all.

Posted

The issue is not only whether he has a criminal conviction, but whether he entered before the age of 16, was in the U. S. from 6/15/2007 to 6/15/2012 (with proof), and he was under 30 before 6/15/2012. It is also unclear whether he has a final order of deportation. Usually, a respondent is not put before an immigration court so quickly unless he is before a criminal court.

More information is needed, so I recommend an appointment with a competent and experienced immigration attorney before he pleads guilty, among other issues. Again, more information is needed.

This is general information, not legal advice, and does not create an attorney client relationship.

Asker

Posted

He is going to county because he violated his probation and then ice can have him. We talked to him and he said they were going to interview him and we're wondering should he answer them whatever it is they ask or wait to have an attorney present. Merry Xmas to u all.

Posted

I agree with my colleagues.

Meet with an attorney ... many of us are working today.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

He is going to county because he violated his probation and then ice can have him. We talked to him and he said they were going to interview him and we're wondering should he answer them whatever it is they ask or wait to have an attorney present. Merry Xmas to u all.

F. J. Capriotti III

F. J. Capriotti III

Posted

There is one simple rule to always follow: Only say: "I wish to have an attorney present before you ask me any questions."

Posted

The police did not put an ICE hold on him, ICE did. Unless he fights, he will be deported after criminal proceedings against him are completed. Your brother needs to speak to an immigration attorney ASAP.

Asker

Posted

He is going to county because he violated his probation and then ice can have him. We talked to him and he said they were going to interview him and we're wondering should he answer them whatever it is they ask or wait to have an attorney present. Merry Xmas to u all.

Brian K Wanerman

Brian K Wanerman

Posted

He should wait to have an attorney present. No one should EVER speak to law enforcement (Especially after being arrested!) without an attorney present.