Legal Question in Immigration Law in North Carolina

deportation

My fiance is currently incarcerated for charges that he went to court for and they were dropped. We understand that he will be dported because he is not legal, but it's been three weeks since his charges were dropped and he is still in the county jail. Why doesn't ICE come and get him and take him to Atlanta?


Asked on 7/16/08, 4:22 pm

1 Answer from Attorneys

Melina Merino Attorney Melina Merino

Re: deportation

Even if his criminal charges were dismissed (assuming that the disposition of the court would not constitute a conviction for immigration matters), he can still be detained because of his immigration status and violations to immigration law. We would have to know a) what were the charges and what was the disposition of the court; b) when and how did he enter the country; c) has he ever been ordered deported or been in front of the immigration judge; d) has he ever been the beneficiary of any application submitted to immigration. The answers to these questions will give us a better idea of whether he would be eligible to have a bond hearing with immigration court and what types of relief from deportation, if any, he would have available. You should really consult with an attorney on this matter. Feel free to contact me so we can further discuss the details of the case. Good luck!

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Answered on 7/18/08, 10:20 am


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