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Why no immigration hold?

Mount Pleasant, TX |

My husband was arrested for a DWI, he was released the same day on bond. He is also an illegal alien. What could be the reason why they did not put an immigration hold on him? Not saying that I wish they did, just curious to why they didn't. Could they later try to send him back?

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Attorney answers 8


We can only speculate but he may be served with a notice to appear in removal proceedings.


I agree with my colleague. No way to know but consider him lucky thus far.

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


Maybe ICE never found out, and maybe he did not met the criteria for putting a hold on him.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


Perhaps because during questioning they realized that he has been living in the US for more than 10 years, has US born children and that once placed in removal proceedings in immigration court , he will claim the relief of cancellation of removal for non - LPRs and claim extreme hardship to one or more of his US citizen children who might have medical issues, etc, which cannot be meaningfully taken care of in Mexico or wherever he is from.

Stand by for the "Notice to Appear" to be issued by ICE and hire the best immigration lawyer money can buy in Texas.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature 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.


just because someone is arrested it does not mean there will be an automatic ICE hold. What I would recommend is seeking advice from an experienced attorney as to whether anything can be done about his immigration status.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


It sounds like he was lucky. I'd buy a lottery ticket! In my neck of the woods, I have never seen a DWI escape ICE's eye. Was he given any paperwork? Assigned an A #?

I would suggest to you that you contact an immigration attorney to see about filing an I-130 on behalf of your husband. There is something called a provisional waiver that is supposed to come into existence soon, that may benefit you and your husband. You can check out details on my website or check Make sure to inform your attorney about the DWI as that will need to be examined and dealt with, as any conviction can affect one's immigration status and eligibility for benefits.

I wish you continued good luck!

Cassandra Rodriguez

This answer is for general information only and is not intended as legal advice regarding your specific situation. In order to assess your legal matter properly and obtain legal advice, you must contact an attorney directly. Provision of this general information does not create an attorney-client relationship.


it is christmas. also, he is a very low priority on the totem pole of priorities.

The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A complete answer takes an in depth interview. After all, it is a life that is at stake. If you are in another city that I do not service ask me and I might be able to recommend you an attorney there. In general, in Houston, I recommend Adan Vega or Bruce Coane, Specialists. In Dallas I recommend Richard Fernandez, Elizabeth Cedillo or Yong Wood as highly skilled and experienced. In South Texas I recommend Jodi Goodwin from Harlengin or Leonel Perez of Edinburg. In San Antonio I recommend Bob or Nancy Shivers or drive to Austin to see me or my talented associate Jacqueline Watson.


If your in an area not to close to a big city like Dallas, Houston, San Antonio, El Paso, and Austin where there is a large ICE presence often times even though they are notified by the DA or law enforcement that apprehended him for the DWI via fax, they do not respond in time and therefore once released within 48 hours ICE has forfeited their chance to utilize the hold option. That doesn't means they can't issue a charging document like an indicment like the DA will on his DWI charge as a Class B misdemeanor, called an NTA-Notice to Appear later and file it with the immigration court. As the other colleagues suggested consult with competent immigration counsel and also don't forget competent DWI defense counsel. If it has not been more than 15 days since he was pulled over his attorney needs to promptly file notice with Texas DPS to challenge his license suspension and request an ALR Hearing (Administrative License Revocation hearing). He will essentially deal with 3 cases. His ALR case with DPS; His DWI criminal case in court; and potentially his Immigratoin case. Good luck.

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