Brother in Deportation proceeding

H

helenbrit

New Member
Hi There:

My brother recently spent a couple of weeks in jail becasue he did not pay a ticket 4 years ago, but upon is release the INS took him.

He is from the UK and came on a toursit visa through the VMP program. His friends have talked to him to see how he is holding up and they asked for his passport. They called me and I told them not to give it to the INS. I called a lawyer and asked what his chances of fighting this was. They said his only chance is if they cannot get a valid passport for him within 3 months they have to release him. 1/ is this true and 2/ can I help him here.

Let me know,

Thanks,

Helen
 
INS Dropped off my brother in County Jail

Okay this is strange. I just found out from my brother's friends that they have taken my brother from an INS faculty to county jail for the weekend. They said they would pick him back up on monday.

Can he request a public defender at this point? also is it true he as to be released from county jail within 48 hours.

Let me know,

Thanks,

Helen
 
You're being a idiot. The only thing you are doing is keeping him in jail a lot longer. The INS or ICE doesn't need a passport to send him home. They can get a "one time" travel document issued. Your brother has no right to see a IJ, he waived that when he entered the US. The 90-day mark is not magic, that is when they will first look at releasing him, they can keep him longer. Around the 90-day mark, they will serve a letter on him telling him that he is required to help them obtain a travel document, if he refuses, he can be taken into federal court and charged. He could get upto 24-months in federa prison.


helenbrit said:
Hi There:

My brother recently spent a couple of weeks in jail becasue he did not pay a ticket 4 years ago, but upon is release the INS took him.

He is from the UK and came on a toursit visa through the VMP program. His friends have talked to him to see how he is holding up and they asked for his passport. They called me and I told them not to give it to the INS. I called a lawyer and asked what his chances of fighting this was. They said his only chance is if they cannot get a valid passport for him within 3 months they have to release him. 1/ is this true and 2/ can I help him here.

Let me know,

Thanks,

Helen
Click to expand...
 
The government is not required to provide him a lawyer, since these are admin and not criminal charges. Sounds to me like he will be on a airplane on Monday headed homm or transfered to another jail. 48 hours means that the INS has 48 hours to pick him up after he is released on local charges, this doesn't include weekends or holidays. If by chance he gets released to the street, they can always hunt him down and take him into custody.


helenbrit said:
Okay this is strange. I just found out from my brother's friends that they have taken my brother from an INS faculty to county jail for the weekend. They said they would pick him back up on monday.

Can he request a public defender at this point? also is it true he as to be released from county jail within 48 hours.

Let me know,

Thanks,

Helen
Click to expand...
 
He has zero chances fighting deportation. You sign your rights away when you enter on the visa waiver program (as UK citizen he almost certainly entered of visa waiver). He will be deported administratively without involving a court proceeding, passport or not. Also, deportation makes you automatically inadmissible until you file a waiver, which almost never is granted, so no either path from here to ever come back.
 
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