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
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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.