Legal Question in Immigration Law in California

Immigration Hold

My uncle was arrested Tuesday night and shortly after he got an immigration hold. I only know that he has committed a misdemeanor and the charges for it have been dropped because of immigration. I have not been able to see him for three day and I believe that he is detained at an Inmate Detention center and no visiting is allowed. I would like to know if is it possible to know if he has already have had contact with an attorney?

In immigration cases is a private lawyer absolutely necessary?

Can we ask to see him or know where and which jail will he be moved to?

His Immigration Residence was already in progress, can that make any difference?

Thank you


Asked on 1/23/09, 12:56 am

3 Answers from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Immigration Hold

Which Immigration detention center is it, Lancaster? They DO allow visits, and an attorney can visit during normal hours everyday. Perhaps where he is staying is only a county jail facilities contracted out by Immigration but belonging to the county.

Normally though, someone who only committed a misdemeanor and have the charges dropped (as you stated) should not be detained, so I'm surprised. Are you sure he doesn't have a prior criminal record? Maybe he's had a prior deportation order (more common than you think). If neither is true, then he could probably get bonded out. But, if he's got no papers, he'll be placed into removal (deportation) proceedings in Immigration Court. A lawyer is absolutely necessary if he wants to stay in this country. It's way too complicated and almost impossible to represent oneself in court in deportation proceedings. The lawyer would need to know what type of application exactly do you mean by "Immigration Residence" was already in progress in order to defend your uncle properly. So you see, there are many unanswered questions that you'd have to consult with the lawyer first. Feel free to contact my office at 310.289.2155.

Larry Liem Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Read more
Answered on 1/23/09, 4:02 am
Isabella Mayzel, Esq. Law Offices of Isabella Mayzel

Re: Immigration Hold

If your uncle's documents were filed with the USCIS, it could make a huge difference in terms of the removal proceedings and the immigration detainer. In the same way, his case could have been denied and if he has been unlawfully in the country, could trigger the immigration detainer. You can visit him at the detention facility or he could call you to get all the details from him. There is no government attorneys for the aliens in immigration court, only private attorneys.

Read more
Answered on 1/26/09, 12:14 am
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Immigration Hold

As the other attorneys say your uncle needs an attorney we serve Imperial and San Diego detention centers and upto Lancaster and San Pedro.

Read more
Answered on 1/26/09, 1:38 pm


Related Questions & Answers

More Immigration Law questions and answers in California