Voluntary Removal

D

daniel76

New Member
My friend applied Asylum 3 years ago. His case was denied 2 years ago and a warrant for his removal was issued then. His previous immigration attorney didn't inform him about the warrant. He was arrested a week ago & currently being detained. He is a Level 1 detainee. He's got a minor criminal record.

He is willing to do the voluntary return. We checked his passport and it is still valid. We are purchasing him an air ticket home. He doesn't have the money to get an attorney. He just wants to go home to his country. My question is what is the next process to enroll in the voluntary return? How long is he going to be detained there? Is there anything I can do to expedite this process?

Thanks
 
He has to ask for a VD on his hearing, if the government (Prosecution) does not object to it he might get it, since he is in custody now with a criminal record now it will be hard to get a voluntary departure since he is considered a flight risk.
Ask for a bond hearing and see if gets a bond before asking for VD.
Hiring a attorney is strongly recommended.
 
Thanks for your reply. Supposedly the Prosecution does not object when he requests for VD, how long do you think he would have to stay in detention after the request?

Thanks again
 
The other reason he's not getting an attorney is because it seems pointless for his case since he's pretty sure he will lose the case. But if hiring an attorney would expedite the VD process, that could be worth the while.
 
Voluntary Departure usually means for someone in custody to be bonded out and given X amount of time to leave the country. If he is deported by ICE then obviously its not voluntary, if he accepts all charges and pleads for removal, ICE have upto 90 days to send him back after the judge approves the plea and order him removed.
He definitely needs a attorney if he wants a voluntary departure otherwise he might not get it, atleast with a VD he is eligible to recieve and enter US without needing a waiver.
If he wins a VD its a win for him in my opinion and is worth hiring a good attorney.
 
daniel76 said:
He's got a minor criminal record.
Click to expand...

With a minor criminal record, he may qualify for post conviction relief. If he didn't receive a warning about the possible effect on his immigration status before accepting a plea, he could have the previous conviction dismissed or nolle prossed. I know because I did it for two felonies. He'll need a lawyer to do this.
 
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