Legal Question in Immigration Law in Virginia
Immigration detainer
That answer helped somewhat, but let me rephrase. My boyfriend is an illegal alien from Mexico. He is currently awaiting trail for fed charges of distribution of meth. I have 2 children and one on the way with him. We were going to get married but, he was arrested before hand. He has been here more than 12 years. He has no bond at this time due to immigration has a detainer on him. Is there anyway to get the detainer dropped for a fee like bond so he can get a bond. ICE made him sign a depotation paper. Will he automatically have to be deported and if so before or after a convication. Also would marrige help situation.
1 Answer from Attorneys
Re: Immigration detainer
If your boyfriend is convicted of the meth distribution charge(an aggravated felony), he will
likely be sentenced to serve his federal sentence in a BOP (Bureau of Prisons) facility after which
he will face deportation. It's unclear what kind of "deportation paper" he may have signed, but if it's a waiver of his rights to defend against deportation, it will likely be automatic upon the completion of his federal sentence. And, I see no way for him to be granted any kind of bond under these circumstances.
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