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How long can I.C.E. hold an inmate after submitting their documents to their country for clearance?
Anonymous3 views3 answers
my fiance has 2 felony backgrounds and was on parole which would've ended December 24, 2011. Homeland security retreived him from my apt. September 20, 2011. His visa status was only good for march 20, 2006-sept. 18, 2006. He never went back to Belize to extend his visa. So he is just waiting to be deported. Would they have to release him after waiting 60 days or 90 days?/ How would they go about releasing him?
Actually entirely depends on which federal jurisdiction your husband is in, as in some jurisdictions DHS can apply for extensions as has been permitted in certain federal court cases. Best to speak with a qualified immigration attorney familiar with federal law regarding detention in your husband's particular jurisdiction.
I agree with my colleague. Your fiance needs to contact an experienced immigration attorney who can assist with advocating to ICE and determine what options are available in the jurisdiction where he is being detained.
The short answer is ICE can hold him as long as they want until they deport him. Having said that, they may not have the right to hold him or deny him bail depending on the nature of the crimes he was convicted of. The analysis will be "do his crimes constitute CIMT (Crimes Involving Moral Turpitude)?" This analysis is very complicated and time is everything when someone is in ICE custody. There may be options besides being deported - see an immigration attorney ASAP. If you would like, feel free to call me or set an appointment to see me for a free initial consultation.
Khaja M. Din, Esq.
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