Question:

Does Immigration holds come off?

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My son's father is in jail for 4th degree assault and domestic violence (min injury) just a bruise and the charges will be dropped tomorrow but the INS (immigration) has a hold on him and I as just wondering if when the charges get dropped if the immigration will let the hold go and just release him from jail?

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5 ANSWERS


  1. if the INS has a hold on him that means that when he is done serving his time (if any) he will be promptly escorted out of this fine country, and not a minute too soon


  2. Domestic violence may start as just a bruise but it never ends with one bruise and he will teach your son to be an abuser also .

  3. If he is in the country illegally he may be held by the INS then deported. It depends on alot of different factors- mainly depending on where you live and if he has prior legal troubles.

    Also, if the domestic violence was toward you- it is not 'just' a bruise and if his hands were on you it doesn't matter how minimal the injury was. Be a tough woman.

    Good luck  

  4. Nope,good news,he will be deported. We don't need violent criminals running our streets beating people.  

  5. Not necessarily.  I do quite a bit of criminal work for illegals and there has certainly been a rise on ICE holds.  Just because the charges will be dismissed, if that's what's happening, doesn't mean ICE will let go. ICE now regularly does sweeps at the county jails, while the charges you mention are deportable, ICE also screens purely for illegals now, not just the charges.  

    First, you don't mention if he has any deportable priors, like domestic violence, weapons or drug charges.  Second, if he is here illegally, he can be deported at any time.  Third, many people get confused about charged "being dropped."  I'm guessing you're the victim and you called the police and later decided to change your story?  Just a guess.  Anyway, the charges aren't dismissed until they're dismissed.  Also, the charges could get reduced, which still doesn't mean dismissed.

    Likely he will be sent so an immigration court where there will determine if he is to be released pending a hearing on deportation or whether he is a flight risk and hold him at the detention center until his hearing.  Also unclear is whether they will actually deport him or simply toss him over the border.  Complicated stuff.

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