Legal Question in Immigration Law in Maryland

immigration detainer

how long can the police hold you when you are arrested before releasing you if you make bail but you have an immigration detainer on you


Asked on 2/21/09, 10:49 am

1 Answer from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: immigration detainer

If the jail is issued an immigration detainer, the local police can hold you until immigration officials come to pick you up. In such cases, it is not worth paying the bail because you will not be released. Wait until you are in immigration proceedings and, if you are eligible, you may be granted a bond, or released on a bracelet. This release is conditional on whether or not you are a mandatory detainee -- in which case immigration officials will not release you and you will be subject to having proceedings while detained. Now, technically, when the local police are holding you on a detainer, immigration officials are supposed to pick you up by 48 hours after the detainer is placed on you; however, local officials simply ignore that rule and will hold you as long as they have notified immigration and they will wait! If you are about to go into immigration proceedings, please find a good lawyer to help you. You may be eligible for some form of relief from deportation. If you have any problem, contact my office in Northern Virginia as we do many Maryland cases in the Baltimore immigration court. Good luck!

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Answered on 2/21/09, 7:35 pm


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