ICE Hold and Deportation - Felony under DACA

[Palawan 131]

If you get picked up for Felony what determines if the ICE deports you immediatly, as in jail holding you for ICE to pick you up.

 

Or the other situation  where they let them serve their time in jail/prison and then deport them

 

Is it determined upon the type of Felony Charge? Or Do they make all Felons serve time first?

[JeanneAdil 6,489]

https://www.masslegalhelp.org/immigration/grounds-of-deportation-for-criminal-convictions#:~:text=You can be deported for one crime of moral turpitude,time served does not matter.

 

Site describes each criminal conviction and if it means deportation 

 

the following is highlighted on that site

 

Crime of Moral Turpitude. You can be deported for one crime of moral turpitude committed within 5 years of admission into the U.S. if you could have received a sentence of one year or longer. 8 U.S.C. §1227(a)(2)(A)(i). Your actual sentence or your time served does not matter. You can also be removed for 2 crimes of moral turpitude committed at any time unless they were in a "single scheme of criminal misconduct." 8 U.S.C. § 1 227(a)(2)(A)(ii).

 

then u have these stats about the number of convicted and detained by ICE and depoted thru 2019

 

https://trac.syr.edu/immigration/reports/585/

 

Another CNN article says they can not depot DACA or illegals who are victims of crime without cause 

 

and this article about how ICE uses local criminal justice system to deport 

 

https://www.nilc.org/issues/immigration-enforcement/localjusticeandice/

 

From reading it seems to depend on lot on which party is in power and their view on DACA

Edited September 2, 2022 by JeanneAdil

[Palawan 131]

On 9/2/2022 at 9:18 AM, JeanneAdil said:

https://www.masslegalhelp.org/immigration/grounds-of-deportation-for-criminal-convictions#:~:text=You can be deported for one crime of moral turpitude,time served does not matter.

 

Site describes each criminal conviction and if it means deportation 

 

the following is highlighted on that site

 

Crime of Moral Turpitude. You can be deported for one crime of moral turpitude committed within 5 years of admission into the U.S. if you could have received a sentence of one year or longer. 8 U.S.C. §1227(a)(2)(A)(i). Your actual sentence or your time served does not matter. You can also be removed for 2 crimes of moral turpitude committed at any time unless they were in a "single scheme of criminal misconduct." 8 U.S.C. § 1 227(a)(2)(A)(ii).

 

then u have these stats about the number of convicted and detained by ICE and depoted thru 2019

 

https://trac.syr.edu/immigration/reports/585/

 

Another CNN article says they can not depot DACA or illegals who are victims of crime without cause 

 

and this article about how ICE uses local criminal justice system to deport 

 

https://www.nilc.org/issues/immigration-enforcement/localjusticeandice/

 

From reading it seems to depend on lot on which party is in power and their view on DACA

I am talking right now

 

I know for a fact if you get arrested and your illegal/DACA and it's a felony, your gone either directly before even going to court or after serving time.

 

I would like to know what determines if you serve time or if you get a free ride to the border

[Family 3,988]

On 9/2/2022 at 6:48 AM, Palawan said:

Or Do they make all Felons serve time first?

YES , they have to serve time first.

 

 

Some facing  “time” can ask for “deportation “ 

Some reading:

 

Congress allows certain nonviolent criminal offenders with removal orders to avoid serving their complete sentences by accepting deportation.[1

https://nortontooby.com/node/15817

Edited September 8, 2022 by Family

[Palawan 131]

On 9/7/2022 at 11:02 PM, Family said:

YES , they have to serve time first.

 

 

Some facing  “time” can ask for “deportation “ 

Some reading:

 

Congress allows certain nonviolent criminal offenders with removal orders to avoid serving their complete sentences by accepting deportation.[1

https://nortontooby.com/node/15817

Dealing with this right now for a worker.  The family has talked to several immigration lawyer and they said it 50/50 if ICE picks one up upon being arrested, if you can get bailed out fast enough you can avoid ICE as well.

[Family 3,988]

40 minutes ago, Palawan said:

Dealing with this right now for a worker.  The family has talked to several immigration lawyer and they said it 50/50 if ICE picks one up upon being arrested, if you can get bailed out fast enough you can avoid ICE as well.

He gets to stay in US to fight criminal charges and also fight removal, so no “ quick bus ride”

. It’s not about being “ fast” for jail release , because ICE places 48 hour hold , but not all police/ jails “ honor “ the ICE detainer. They should definitely ask if there is already an ICE detainer in place. 

 

If he gets bonded out on criminal charges and picked up by ICE he still gets an EOIR bond hearing and can be released to fight criminal charges and removal ( aka deportation). 
 

He needs 2 attorneys ( criminal and immigration) that will work together. He may have been arrested and get charged w felony, but it does not mean he will be convicted as such. 
 

[Palawan 131]

38 minutes ago, Family said:

He gets to stay in US to fight criminal charges and also fight removal, so no “ quick bus ride”

. It’s not about being “ fast” for jail release , because ICE places 48 hour hold , but not all police/ jails “ honor “ the ICE detainer. They should definitely ask if there is already an ICE detainer in place. 

 

If he gets bonded out on criminal charges and picked up by ICE he still gets an EOIR bond hearing and can be released to fight criminal charges and removal ( aka deportation). 
 

He needs 2 attorneys ( criminal and immigration) that will work together. He may have been arrested and get charged w felony, but it does not mean he will be convicted as such. 
 

His attorney he hired last week is both criminal and immigration.  Gonna turn himself on Tuesday morning around 6am, and attorney is hoping he can get him bailed out by noon time, before ICE can get hold of him, and that's the wildcard. If ICE get him then getting him bailed out is not assured.

[Family 3,988]

17 minutes ago, Palawan said:

His attorney he hired last week is both criminal and immigration.  Gonna turn himself on Tuesday morning around 6am, and attorney is hoping he can get him bailed out by noon time, before ICE can get hold of him, and that's the wildcard. If ICE get him then getting him bailed out is not assured.

Turning himself in indicates there was an arrest warrant issued already and he racked up failure to appear and is on ICE radar…but ICE will have to still “ wait their turn” til after court determines bond/ bail

He still  goes through the motions of bonding/ bailing out on criminal and waits ( in ICE custody, if they get him on detainer) for Immigration bond hearing. 

[Palawan 131]

12 minutes ago, Family said:

Turning himself in indicates there was an arrest warrant issued already and he racked up failure to appear and is on ICE radar…but ICE will have to still “ wait their turn” til after court determines bond/ bail

He still  goes through the motions of bonding/ bailing out on criminal and waits ( in ICE custody, if they get him on detainer) for Immigration bond hearing. 

Don't work that way in Texas.  They issue arrest warrant you can check county active warrant look up.  Police will either call you to turn yourself in, they can come with arrest warrant and pick you up, or you can check and turn yourself in.  

 

Failure to appear? Appear for what? His arrest warrant? 

[Family 3,988]

1 hour ago, Palawan said:

Don't work that way in Texas.  They issue arrest warrant you can check county active warrant look up.  Police will either call you to turn yourself in, they can come with arrest warrant and pick you up, or you can check and turn yourself in.  

 

Failure to appear? Appear for what? His arrest warrant? 

Not clear what you are asking as far as Warrant and previous FTA …since you keep adding new facts . But I did presume there was a prior arrest w felony charges, fellow failed to appear and therefore Warrant was issued….

 

Anyway , though Texas is VERY ICE friendly,….if the Attorney is good he  can also fight detainer based on this.

 

https://www.ilrc.org/sites/default/files/resources/2020.04_ice_v_gonzalez_tx_april2020.pdf

 

TEXAS IMPLICATIONS: Any detainer from the PERC based on database searches (except detainers based on prior removal orders) is illegal and in direct violation of the Court’s order.4 If you see a detainer in Texas that was issued from PERC or Laguna Niguel, you should advocate with the Sheriff’s office for the ICE hold to be lifted based on the illegality of the detainer.
» The court’s legal analysis can be applied nationwide because ICE is a federal agency and its databases are centralized. All ICE offices in the country use the same federal databases to issue detainers, and these have been found to be insufficient for establishing probable cause.
TEXAS IMPLICATIONS: Although the court order does not directly restrict ICE offices outside of the Central District of California from issuing detainers based on database checks, you can use the court’s analysis to demonstrate that all detainers based on database checks are illegal under the Fourth Amendment, and therefore the Sheriff’s office could be held liable for complying with them. The Fourth Amendment supersedes state laws, including the SB 4 detainer compliance mandate.
WHAT SHOULD WE DO NOW?
1. If a person is in local criminal custody with an ICE hold, get

[Palawan 131]

25 minutes ago, Family said:

Not clear what you are asking as far as Warrant and previous FTA …since you keep adding new facts . But I did presume there was a prior arrest w felony charges, fellow failed to appear and therefore Warrant was issued….

 

 

Search Warrant of residence a few weeks ago, they siezed evidence, Arrest warrant was issued about a week later.

[Family 3,988]

26 minutes ago, Palawan said:

Search Warrant of residence a few weeks ago, they siezed evidence, Arrest warrant was issued about a week later.

if sheriff/law enforcement have him pegged as affiliated in any of their databases…then bond / bail won’t be a breeze on either criminal or immigration front….

 

https://www.google.com/search?q=eoir+and+reason+to+believe+gang+affiliation&ie=UTF-8&oe=UTF-8&hl=en-us&client=safari

 

https://www.ilrc.org/sites/default/files/resources/ilrc_gang_advisory-20170509.pdf

[Palawan 131]

20 minutes ago, Family said:

if sheriff/law enforcement have him pegged as affiliated in any of their databases…then bond / bail won’t be a breeze on either criminal or immigration front….

 

https://www.google.com/search?q=eoir+and+reason+to+believe+gang+affiliation&ie=UTF-8&oe=UTF-8&hl=en-us&client=safari

 

https://www.ilrc.org/sites/default/files/resources/ilrc_gang_advisory-20170509.pdf

As of now record is clean, never arrested.

[Family 3,988]

2 minutes ago, Palawan said:

As of now record is clean, never arrested.

That designation does not show up on rap sheet nor do they say tell….only he would know .  You and I are just shooting the breeze here…and I won’t speculate on what led to search warrant or what evidence they knew to look for.

[Palawan 131]

15 hours ago, Family said:

That designation does not show up on rap sheet nor do they say tell….only he would know .  You and I are just shooting the breeze here…and I won’t speculate on what led to search warrant or what evidence they knew to look for.

I am fully aware what led to the search warrant, it's a class 2 felony with 2 to 20 years.  As of today his record is clean, tomorrow will be a different story.