Q: When will an inmate be informed if he will be deported?
My husband was sentenced to 4 years at 85% for drug trafficking. He is a U.S resident he was never informed of any possibility of deportation during or after his plea. He has left the county and will be transferred to prison. When will he be informed of deportation if that applies to him?
A: ICE will place an "immigration hold" on him. When he is freed from criminal custody, he will be placed in immigration custody and will have a deportation hearing before an Immigration Judge.
A:
He may not find out until he is ready to leave. He could be placed on ICE hold, which means that even after he has served his time in prison, ICE will request that he be held for up to 48 hours so they can take him into custody.
The fact that he was never informed of the immigration consequences of his crime could be the basis for some defense. We recommend that you speak with an immigration attorney to provide specifics in your husband’s case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
