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What to do when country of birth won't accept you during deportation?

Dallas, TX |

My friend from New York is in Immigration jail in Texas. ICE tried to deport him (because of his aggrevated felony conviction) to the country of his birth and bunch of other countries as well without success. Country won't accept him since they cannot locate his records. He wants to get out and his officer said earlier that if someone can give him residence to live and work she is going to release him. Now she says that she won't because they are trying to deport him in another country again. I wanted to know if they have the right to hold him for so long (he is there already 5 month).
1. What is the time limit they can hold him locked up?
2. Does he has to meet any conditions to get released?
3. What steps should we take to get him out?
Thank you.

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Attorney answers 3


First, hire an immigration attorney. Your friend deserves better the being stuck there. Second, hire an immigration attorney, your friend is there soon too long. Third, hire an immigration attorney, as a stateless person he should be out with an employment authorization. Do it locally in Texas. There are many good attorneys here on Avvo who practice in Texas. Just look them up.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.



Thank you for your replies. There is a money problem with this and that's why I asked 3 procedural questions. Can anyone who has done this before answer these 3 question? Thank you.


ICE will have to release him soon. The Supreme Court has prohibited indefinite detention in immigration cases. If you want to speed up the process, hire an experienced immigration attorney.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 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.


Your friend cannot be held indefinitely. Hire an attorney to get him out more quickly.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104