Legal Question in Immigration Law in Massachusetts

Immigration question

i have a family member that came into the country illegally and was arrested by the ICE authority and is now been held in a correction facility in texas. my question is how long can they hold him before he gets deported, he's been there for almost a month now.


Asked on 1/09/09, 7:23 pm

2 Answers from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: Immigration question

If he was picked up after immediately entering the U.S., he most likely will be asked if he wants to leave and he will be asked to sign a notice agreeing to removal (or deportation). If he has been in the U.S. for some time, and picked up far from the border, he may appear before an immigration judge. The problem is that ICE is so overwhelmed with detainees, and picking them up, that they have no time left to release anyone until they need bed space. That is the fact of the matter. If he has a deportation officer he should try to contact him and advise he wants out. Then, it depends on what country he is going to be deported to. Mexico is easy. Anywhere else, well, it depends on whether or not ICE can get documents to fly the person back to his or her country. If you can locate the Deportation and Removal Operations office handling the case, you may be able to obtain some information as to whether he is going to be removed or appear before an immigration judge. Good luck!

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Answered on 1/09/09, 8:18 pm
Joshua Goldstein Joshua L. Goldstein, Massachusetts immigration lawyer

Re: Immigration question

I would need more information about your case to give you an estimate of the time frame.

You should seriously consider hiring an immigration attorney. You need to file a motion for a immigration bond hearing in Immigration Court to see if your family member could be released on bond. Alternatively, an immigration attorney could assist you be protecting your family member from being deported. Perhaps, there is a way to obtain relief. Finally, if your family member has ALREADY been deported (received a final order of removal), an immigration lawyer can file a writ of habeus corpus to obtain your family members release 90 days after post-order detention.

For more information or help, please call my office or email me.

Josh,

www.jgoldlaw.com

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Answered on 1/12/09, 9:56 am


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