Legal Question in Immigration Law in Kansas

Re: Immigration and Criminal Law

First of all, if he pays the bond, and he has only been charged and not convicted, then the Department of homeland security cannot charge him with anything yet. Thus, it is not likely they will pick him up. On the other hand, it is difficult to get the jails to release anyone when there is an ICE detainer because the jails don't understand exactly what a detainer is for. Yes, ICE has 48 hours to pick him up -- and if they do, then it has to release him if he has not been convicted of anything yet. If your friend did not know the person was under 18, and he has some evidence of that, for example, the minor told him that she was 18 or older, he may have a defense. Second, obviously the government has charged him with soliciting a minor for sex, yes? Well, if I were him, I would fight the case with a good lawyer. If he pleads guilty, he will most likely not have an easy time before an immigration judge and, possibly, lose his status. If he fights the criminal charge because he does not believe he is guilty because he made a mistake of fact, he might be better off. Yes, I know -- it's expensive, but he shouldn't have been on the internet checking out women, eh?

Re: Immigration and Criminal Law

You are focusing on the procedure when the substance if more important. We would need to know more facts to determine if and when he could have to leave the US. Your friend should fight the charge from the facts you provide. He'll need a KS criminal attorney who either knows imm. law or can work with an immigration law attorney. Let us know if you want help with the immigration law.