Once picked up from jail on an INS hold, how long before the hearing, who gets to speak?

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Male serving sentence for 2 counts of misdemeanor battery, plead down from sexual assault/battery. INS has hold. Sentence will be complete 2/12/2011, what is the process for the hearing? Is anyone allowed to speak? Is there notification of hearing sent out or available?

Attorney Answers

4
Mark Kowalewski ·
Immigration law is really complicated and it gets doubly complicated when criminal convictions are involved. Don't mess around with this on the internet, hire yourself an immigration attorney ASAP who can fully review your immigration and criminal history and guide you through this process.
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Lani Nau ·
Depends on when the judge sets his bond hearings. If you retain an attorney, the attorney can file with the court and request a bond hearing right away. It could be a week or two, depending on judge's calendar. And yes, friends and family can be a part of this hearing.
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Harvey Mechanic ·
You are referring to what is generally called a "ICE hold". You are implying that the male serving time is going to be put into removal proceedings. However, ICE will decide later. "Dan Johnson, the Napa County Department of Corrections acting director, said when an inmate is placed on Immigration and Custom Enforcement hold, he is interviewed by ICE to determine if he is in the country illegally. If ICE, which is under Homeland Security, determines the inmate is here illegally or violated his or her visa, a deportation hearing is held." http://pages.citebite.com/h2r5c3r9xfds If there is a removal proceeding then I suggest you refer to "Immigration Detention and Removal: A Guide for Detainees and their Families" a guide from Legal Aid available at: http://goo.gl/kpV8P but, in any case, hire an experienced removal attorney if he is placed in removal proceedings after his release. Harvey Mechanic, Attorney at Law [email protected] Authorized to handle Immigration matters throughout the United States P.S. If you appreciate my time in giving you this please click the "thumbs-up" button at the bottom of this answer. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.
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