Chicago, IL asked in Immigration Law and Criminal Law for Oklahoma

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?

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2 Lawyer Answers
Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

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.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

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.

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