Q: Illegal re entry. Can we try, and get a bond, under the agreement, of wearing a tether?
He’s being charged with, illegal te entry. He had a bond hearing today. The judge told him, he’d be willing to give him a bond. Problem is, ICE would pick him up, and take him to another facility. What if, we tried again, but with agreement to wear a tether? Would that still cause, ICE to want to pick him up regardless?
Based on the information you have provided, you are requesting bond for a federal charge and there is an immigration hold. This being the case; if granted bond by the judge the inmate is transferred to ICE custody based on the immigration hold. The inmate is not likely to be granted bond by ICE or the immigration judge if he has no basis for remaining in the United States.
This person is one step away from being deported and receiving a ban from the USA. It may be time to consult with an experienced immigration attorney.
Brent T. Geers agrees with this answer
If ICE has a hold on him, it doesn't matter what the local court does or grants. If he is to be released from the local jail - either on bond, dismissal of charges, or completed sentence - the jail must notify ICE. ICE will almost assuredly come pick him up and transfer him to their holding facility, where he will await immigration proceedings.
Ms. Mulder is correct: You need to be working on getting an immigration attorney involved fast; not worrying about bond. His choices right now are to sit in jail in the US, or be on his way back to his home country.
ICE likely plans on reinstating his final removal order. It isn’t likely he will get an immigration court hearing unless there are significant reasons to take action for review.
Again, you really need an appointment with a competent and experienced immigration attorney before he gives up any more rights by his actions or inaction. Illegal re-entry is a Federal crime, as well.
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