Asked in Immigration Law for Virginia

Q: What can we do if Ice took my son from county jail and brought him back, now county and Ice denies his custody?

He paid his bond at the county, then Ice picked him up, and then brought him back for hearing, now the county says they got him on loan from Ice, and Ice office says his name doesn't show up in their system, we have a document where the county court denies his custody, what can we do?

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

A: You need to schedule a consultation with an experienced immigration attorney to represent you, and possibly, to litigate this in Federal Court.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Consult with an immigration attorney: Given the complexities involved with ICE and county jail custody issues, it is strongly recommended to consult with an experienced immigration attorney. They can provide specific guidance based on your son's individual circumstances and help navigate the legal process.

Gather all relevant documents: Collect all documents related to your son's case, including any paperwork from ICE, the county jail, and the court's denial of custody. These documents will be important for your attorney to review and understand the situation.

Request information from ICE: If your son was taken into ICE custody and subsequently returned, it is important to clarify his current status with ICE. Reach out to the local ICE office, provide them with your son's information, and inquire about his current custody status. They should be able to provide guidance or direct you to the appropriate contact.

Contact the county jail: Speak with the authorities at the county jail and explain the situation, emphasizing the court's denial of custody and the confusion regarding your son's status. Request clarification on the situation and determine the steps needed to ensure proper custody arrangements.

Explore legal remedies: Depending on the specific circumstances, your attorney may explore legal remedies such as filing motions or petitions to address the custody issue. They can guide you through the appropriate legal process and advocate for your son's rights.

Remember, the information provided here is general, and it's crucial to consult with an immigration attorney who can provide personalized advice based on your son's situation and the laws in your jurisdiction. They will be able to assess the specific details of your case and guide you accordingly.

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