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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27722
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My boyfriend is now in jail felony assault he is illegal

Customer Question

My boyfriend is now in jail felony assault he is illegal immigrant he goes to court 29 if the charges are drop when he goes to court can immigration ICE come for him when he is released from jail he has never been arrested before he's been in the U S for 15 years we have been together for 4 years will he be deportation when he is released

Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello, Unfortunately, since your boyfriend is illegal, if the DA has notified Immigration that your boyfriend is in jail, they can come for him whether his case is dismissed or not. Some prosecutors are quick to notify Immigration under such circumstances. Others are not. I cannot tell you what your boyfriend's particular DA will do. But is it possible that ICE will put a hold on him before he can be released? Yes.