Legal Question in Immigration Law in Michigan

rights of an illegal alien

if someone is in detention and is to be returned to their home country what rights do they have to access their property before leaving the US?

if they have no family and someone has their property but refuses to give it up what can be done about that?

if the property is in another state from the state in which they are detained and they are are being kept in detention till they leave the US how can they go about getting their property back?

the property mentioned includes a passport and cash that is needed to make the necessary arrangements to leave the US as they have opted to depart voluntarily and have a limited time to make such arrangements.If said person is making all efforts to get everything in order but certain individuals are hampering these efforts by refusing to part with said property which they have no right to, are there any legal steps that can be taken against the person hampering the efforts?


Asked on 7/26/08, 5:17 am

2 Answers from Attorneys
Marc Seguinot Seguinot & Associates, P.C.

Re: rights of an illegal alien

If a person is illegally holding the passport, advise the deportation official involved in the case. He or she can contact that person and demand the passport, or have them subject to obstruction of justice charges, or stealing a passport, or anything else; or have the embassy contact the person and demand the passport. Further, if this person has a passport, there is no reason why the embassy cannot issue a travel document for his passage home as long as they have evidence of his country of birth. With regard to cash, your friend must grant someone power of attorney to recover that money that is being illegally held. The person with power of attorney can initiate legal action against the person who has illegally held onto the money. Then it depends on how much cash. If it's a few hundred dollars, don't bother. But if we are talking $500 or more, get moving to get that money. Best of luck.

Read more
Answered on 7/27/08, 10:25 am
Johm Smith tom's

Re: rights of an illegal alien

Marc gave a very good response.

Read more
Answered on 7/28/08, 3:22 pm


Related Questions & Answers

More Immigration Law questions and answers in Michigan