Criminal Law INS Hold

[tsdanir]

If one who is currently in jail was given probation after completing their sentence, but has since had an INS hold put on them and is scheduled to get out on 5/30/08.... what will happen?

This morning the jail said that his case was disposed and his release date is 5/30 (they didn't mention a hold) and he's being let out on probation.

However, yesterday, when I went to visit and checked in, the officer said to me "it looks like he's got an Immigration Hold on him..."

They haven't said anything to the inmate and I informed him during the visit what I was just told...

My question is:

Does the fact that a Hold could be in place mean that the probation is null and void?

Or

Because he was given probation, will they still release him and defer the hold?

 

[tsdanir]

Deportation Pending....

is it possible to stop deportation? I know that there are several forms that can be filed, but, not sure which ones to file.

Also, if one is married to a US Citizen are they still deporatable if they are a resident?

 

[mafioso]

If you are not a citizen you can be deportable if you violate your status even if you are married to a citizen.

Immigration would not remove a hold because someone is on probation. They are two different bodies which work separately.............Immigration law is federal law and is the most important one. It makes state law look like a joke…………. So he would be transported to immigration jail until they resolve what ever the reason for the hold was is resolved.
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