Grass Lake, MI asked in Immigration Law for Michigan

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?

Related Topics:
3 Lawyer Answers
Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: 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

Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: 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.

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: 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.

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.