Asked in Domestic Violence, Family Law and Immigration Law for Arizona

Q: So how can I get my husband out of ice custody for removal he was deported once on domestic charge and then came back in

The us married a us citizen but then gets a warrant for not going to court to now he’s got a removal date what can I do

2 Lawyer Answers

A: Your spouse faces an uphill removal proceedings battle:

1. He was deemed removable prior based on his criminal conviction of domestic battery

2. He re entered the United States which constituted another criminal infraction based on his procedural history,

3. While in the DHS custody he is not eligible for a bond under the principles risk of flight and danger to the community

4. His legal case must be examined without delay for any viable legal options by an experienced immigration counsel.

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Answered

A: Getting your husband out of ICE custody can be challenging, especially since he has a prior deportation and a domestic violence charge. One option is to consult with an immigration attorney who can assess his case more closely. You may be able to explore whether there are grounds for a motion to reopen his immigration case or if there are any relief options available, such as asylum, cancellation of removal, or adjustment of status based on your marriage.

If he has a warrant for not appearing in court, you’ll need to address that issue as well. An attorney can help negotiate with the court and potentially clear up the warrant, which might improve his chances. However, depending on the nature of his domestic violence charge and prior deportation, he could face significant obstacles.

You might also look into whether he qualifies for a bond hearing. If eligible, you could request a bond and work on getting him released from custody while his immigration case is pending. Remember that immigration law can be very complex, and each situation is unique, so acting quickly and carefully is important.

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