I have a question regarding INS

[Travis590A1]

So my father in law was arrested last night in Santa Barbara for domestic violence, he is also illegal. I called the county jail, they said he has an INS hold on him, but that his bail is $100,000. I thought you didnt have bail if you had an INS hold? Also they said his court date is on the 8th after which he is turned over to INS. Can somebody tell me what this means? I'm not familiar with this stuff. Thanks guys.

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[drdarrin@sbcglobal.net]

Sounds like he is eligible for a one way ticket back to his home country.
I wouldn't be surprised if the DA declines to prosecute if INS deports him.
Not a lawyer; just an observer.

[scootergmc]

Just because he has an ICE detainer does not mean he will be deported. Furthermore, he's still entitled to bail on his criminal offense. Should he bail, ICE would be notified of his availability for pick up. As to what gets you deported these days, usually felony DV does.

[Travis590A1]

Just because he has an ICE detainer does not mean he will be deported. Furthermore, he's still entitled to bail on his criminal offense. Should he bail, ICE would be notified of his availability for pick up. As to what gets you deported these days, usually felony DV does.

Well this is not his first offense he was told years ago he would either face jail time or he must deport himself. So he left on his own. He crossed back illegaly though

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[Notorious]

If he already has a deportation order on him... he probably won't get much love.

[Heiko]

Bail on the pending crime and the ICE hold are two separate things. Even if the DV case disappeared his ICE hold would keep in there or vice versa. It's like a parole hold, when such a thing actually existed.

Not to be all "judgey" but your father-in-law is his own worst enemy and is going to get either deported or federally prosecuted, or both. His last return is what they call a "voluntary return" where they get to go back on their own without immediate consequences. They are advised that to violate that and return could mean federal prosecution. He is likely to receive that. Add to it, the DV case. If he is convicted, that is a crime that would get him deported even if he didn't have the previous voluntary return. He will have to say goodbye to America.

[Regulus]

I thought you wanted him deported?

Seems like everything is about to work out.

[OldSchool]

INS no longer exists ...

ICE is the agency that placed the hold. The ICE detainer is to ensure that he doesn't get released by county jail before he is held accountable for his immigration violations.

Was he told to leave years ago by an Immigration Judge or by an Agent? The difference is that if he was ordered by a judge, he has the potential to face federal prosecution (on top of his local DV charges) for coming back into the US.

Either way, his antics have started the ball rolling to get him removed again.

Good luck!

-Ray