On November 7, 2018 my husband was taken into custody by ICE while dropping my son off to school, according to my son the officer said "Your dad is under arrest for having a warrant for entering the United States Illegally..." My husband told me through the phone 3 days after he was arrested that he was going to be deported in a week or so. but then that all changed and they told him now he’s going to see a judge a week after they told him he was being deported. and just yesterday he got a letter saying he needs to bring a lawyer with him to court which is this Monday. The question I have is that why does the judge want to see him? Why are they asking for him to bring a immigration lawyer?
My husband does have one prior under his name for controlled substances.
My husband was deported like 12 years ago.
My husband has three US Citizen children.
My husband was told to not enter the US within 10 year when he was last deported.
Your husband has been discovered to be in the USA illegally, or better yet, for having reentered the country illegally after previous deportation due to, I assume, controlled substances trafficking. He must have been on ICE's list for such individuals.
I am afraid it is the criminal court he was now summoned to appear in and not just "immigration."
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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