VD / Held in ICE Custody

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michael77

Registered Users (C)
Hi,

My friend has a criminal conviction for possession of coke < than 1 gram. He served a 7mth sentence and then got transferred to ICE custody in January. He filed for bond and it was rejected last Monday. He is from Calcutta, holds an Indian passport that expired in December 2010. He came to the US on a tourist visa and overstayed. His Master hearing is scheduled on Monday - Feb 7, 2011. He intends to file for Voluntary Departure.
Can someone please tell me what happens at the Master Hearing ? What questions will he be asked ? If he is granted VD, what happens next after the Master Hearing ? How will he be sent home ? How long will it take ? His passport has expired and no one has contacted me for it. I tried contacting the Indian consulate, but they said that ICE should call them directly. We have retained an attorney.

Any advise / insight into this situation would be helpful.

Thanks in advance.
 
He might not qualify for voluntary departure due to the nature of the crime.

8 CFR § 1240.26 Voluntary departure—authority of the Executive Office for Immigration Review.

(a) Eligibility: general. An alien previously granted voluntary departure under section 240B of the Act, including by the Service under §240.25, and who fails to depart voluntarily within the time specified, shall thereafter be ineligible, for a period of ten years, for voluntary departure or for relief under sections 240A, 245, 248, and 249 of the Act.

(b) Prior to completion of removal proceedings —(1) Grant by the immigration judge. (i) An alien may be granted voluntary departure by an immigration judge pursuant to section 240B(a) of the Act only if the alien:

(A) Makes such request prior to or at the master calendar hearing at which the case is initially calendared for a merits hearing;

(B) Makes no additional requests for relief (or if such requests have been made, such requests are withdrawn prior to any grant of voluntary departure pursuant to this section);

(C) Concedes removability;

(D) Waives appeal of all issues; and

(E) Has not been convicted of a crime described in section 101(a)(43) of the Act and is not deportable under section 237(a)(4).
 
Hi BigJoe5,

Thanks for your input. So if he doesn't qualify for Voluntary departure, would he be in Removal proceedings ? Will that mean that he will be barred from entering the US for periods ranging from 1 to 20 years or permanently ? If the judge does rule that he should be Removed, what happens next ? And how soon will it take place ?
 
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