Legal Question in Immigration Law in Maryland

Immigration detainer with upcoming appeal

My fiancee was convicted of felony drug in MD with an 18 months sentence and an option for home detention. Later ICE put a detainer on him. He has appealed his conviction and also received a reconsideration for the sentence to 324 days incarcerated with time served. He is waiting for ICE to pick him up now. Is there a chance that he may get bond or released from ICE until his appeal date in October 2009?

Asked on 3/02/09, 9:50 am

3 Answers from Attorneys

Sabitiyu Abou Trye, Abou and Joseph
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Re: Immigration detainer with upcoming appeal

He may be eligible for a high bond. Other factors may be considered by the Immigration judge to determine if he is eligible for a bond; such as his ties to the community, the facts of the criminal case whether or not he has any other criminal convictions. You will need to consult with an experienced immigration attorney. Please give my office a call we routinely handle these types of cases

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Answered on 3/02/09, 10:40 am
Sabitiyu Abou Trye, Abou and Joseph
0 users found helpful
0 attorneys agreed

Re: Immigration detainer with upcoming appeal

He may be eligible for a high bond. Other factors may be considered by the Immigration judge to determine if he is eligible for a bond; such as his ties to the community, the facts of the criminal case whether or not he has any other criminal convictions. You will need to consult with an experienced immigration attorney. Please give my office a call we routinely handle these types of cases

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Answered on 3/02/09, 10:40 am
Marc Seguinot Seguinot & Associates, P.C.
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Re: Immigration detainer with upcoming appeal

I suggest that you find a good immigration attorney who specializes in criminal deportation cases. My firm does, and we have handled many Baltimore immigration cases before the immigration court. You are welcome to call and set up an appointment. Please advise my assistant that it is an urgent case and you quieried via Lawguru. A bond may or may not be possible depending on whether the conviction is for distribution, simple possession, and what the Department of Homeland Security is charging him with. This needs review. If his appeal is still pending when he gets into immigration court, there is a possibility that the proceedings could be terminated until after the appeal date -- but no promises. It is rare; sometimes the judge won't wait and order removal anyway. Then we motion for a stay of the removal order to hold him until the appeal is complete. These are difficult cases, but not all are hopeless. Please look for a good attorney, okay? Good luck!

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Answered on 3/02/09, 1:00 pm

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