Criminal Law ICE hold

[libramom]

Hi,

I am writing because my husband was arrested for the following:

Aggravated Assault
Trespass
Disorderly Conduct

The aggravated assault charge was dismissed because there wasn't enough evidence to convict him. He pled guilty to the disorderly conduct and the trespass charge was also dismissed. He is now only being detained on an "ICE hold". What exactly is that? How long can they hold him? What will likely happen to him?

Thanks for your time and advice!

 

[seniorjudge]

WHAT IS AN ICE HOLD?

An Immigrations and Customs Enforcement hold -- or detainer -- is when ICE flags an illegal immigrant in custody of another law enforcement agency because they have probable cause to believe an immigration law has been violated.

When the person finishes his or her sentence, ICE agents pick him or her up to begin deportation proceedings.

An ICE hold can be placed on legal, permanent residents as well as illegal immigrants for certain crimes.

 

[libramom]

WHAT IS AN ICE HOLD?

When the person finishes his or her sentence, ICE agents pick him or her up to begin deportation proceedings.

An ICE hold can be placed on legal, permanent residents as well as illegal immigrants for certain crimes.

Thanks for your quick response. What happens if the person has not been sentenced?

He pled guilty to disorderly conduct and received "time served" because he has been in the County Jail for about 7 months now. He is legal and all of his other charges have been dismissed.

What are his chances of being released?

 

[mafioso]

If he is legal, then his immigration lawyer would have to submit all relevant paper work so he can be released if his offense meets the petit offense exception......Disorderly conduct should not lead to deportation. He would be fine......Immigration processes are slow so get a good lawyer so he can be released fast.

 

[libramom]

Ok, will do. Thanks so much!

 

[seniorjudge]

Most of the info I have on ICE holds is that folks who get one also get deported.

(I am NOT an immigration lawyer.)

 

[mafioso]

Anytime! Nice PM.....