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What most people want to know is whether someone can get out of jail when they have an immigration detainer, hold or warrant.

The answer is YES. As a former criminal prosecutor and now a criminal and Immigration defense lawyer, I can assure you that I have clients that are released from immigration detainers all over the country all the time. Based on my experience, you can usually get out even when you are illegally in this country or have a minor past criminal history. Of course every case is different and only a qualified attorney examining your case can tell you your chances. Of course when you get to immigration, your deportation lawyer will want to argue why you are not a flight risk or a danger to the community and your community ties, etc.. What you cannot have is any drug trafficking offense or any "aggravated felonies" or a prior order of deportation or removal that cannot be re-opened or appealed.

If you want to bail someone out that is in jail on state or federal charges and has an immigration hold or detainer, you should work with a lawyer that knows both immigration and criminal defense. Please see my website:

CriminalAndImmigrationDefense.com.

The jails and some defense lawyers, prosecutors and even judges will erroneously tell you that you cannot pay the bail or bond on the criminal case because of the immigration detainer but they are most often dead wrong.

Certainly you can pay the criminal bail set by the judge and then he will be taken to immigration custody. And most people should pay the criminal bail but you should check with a qualified attorney before you do so. The inmate will not get out right away but will taken to immigration custody after which a deportation lawyer can request an immediate bond hearing and in most cases be granted one, depending on the severity of the crime and the person's past criminal record. If and when immigration bond is granted and paid, the person walks out of jail free to fight both their criminal and deportation case from the outside and if qualified, to apply for a green card This would have almost impossible in most cases if the criminal bond had never been paid because the conviction rates and statistics are much higher and tougher for inmates that are currently incarcerated and awaiting trial than for those that are out of jail on bail or bond awaiting trial.

Be wary of many lawyers both criminal and immigration lawyers that tell you that it cannot be done. They simply do not know both areas of the law. This is a very specialized field of law. My law firm has been doing it for 16 years. There are several issues regarding whether the person will be given credit for the criminal case for the time that they are in immigration custody and that is why you should consult with a lawyer familiar with both criminal and immigration law before you do anything else. Disclaimer: This posting is for general informational purposes and is not intended to be nor should it be taken as legal advice which should only come from a personal consultation with a qualified attorney familiar with all facts of the case. Having said that, Good luck and keep fighting for his or her freedom! New York Attorney S. Michael Musa-Obregon, Esq. 888-224-4210

The federal government thinks someone is in the country illegally and is holding that person until a decision is made.

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Q: What is a Immigration detainer?
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Happens if you have an immigration detainer with an order to remove?

You are picked up by the Immigration office that services your area and then you are held in Immigration jail until you are given a court date to appear in front of an Immigration judge. From there, if you dont have a great lawyer to represent you, then you can more or less say good bye to the USA.


Is a warrant issued to an inmate currently in prison the same as a detainer?

A detainer is a request from another jurisdiction asking that they notify that jurisdiction that the person is about to be released. Detainer's are often the result of a warrant that has been issued for that inmate. If the warrant is relatively minor, then the detainer may not actually be issued. And not all detainers are the result of warrants: there could be immigration detainers or detainers from probation and parole, asking the prison to let them know when the person will be released because that inmate is supposed to report to probation once he has been released.


If an alien has a detainer but his case is already in the removal procedure and he is going to the immigration court on his court dates is he able to get an immigration bond?

yes you can get a bond depends if the judge thinks your a flight risk and depending on your charges immigrations lowest bond is $1,500 i know this because im out on bond


How do you remove an detainer from your record?

Bryant Barksdale has a detainer on him and wants to know wat he can do to have it removed.


Motion to set aside unlawful detainer?

Can I file a motion to set aside a dismissal on a unlawful detainer


Is a mobile home an unlawful detainer?

As I understand it, the term 'unlawful detainer' can only apply to a person, not a home.


What happens to the unlawful detainer summons if you already vacated the house long before the unlawful detainer was filed in court?

My guess is that it would be mute. Nothing.


Can your landlord have contact with you if he filed a unlawful detainer?

Certainly.


How do you remove a unlawful detainer?

A homeowner can win an unlawful detainer case by proving their case to a judge. The chances of winning are greatly increased by seeking the aid of a local attorney.


What does interstate detainer mean?

An interstate detainer allows other states to prosecute a prisoner who is incarcerated in another state. It allows the other states to gain custody of the prisoner for trial.


How long in Mn does a unlawful detainer stay on your record?

7 Years unless you and your landlord has come to an agreement to exponge the unlawful detainer either before the judge or in written document.


What do you call someone who captures someone?

A kidnapper A detainer A maniac?