Legal Question in Immigration Law in North Carolina

If a person is pulled over for suspicion of DUI and ICE lodges a detainer there are two general avenues on which the matter will proceed. First, the local prosecutor may agree to dismiss the charges and let ICE take custody of the individual. This rarely happens unless ICE contends mandatory detention (no bond) and therefore a likelihood of removal. The second path is that the local case completes and then ICE must take custody within 48 hours. Regardless, anyone who is in criminal proceedings and has an ICE detainer against them should retain experienced deportation counsel.