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My husband Nicholas J. Hannay was born in New Zealand on…

Customer Question
My husband Nicholas J...

My husband Nicholas J. Hannay was born in New Zealand on 02-16- 1977. His parents came here in 79 and got him a permanent residence card in 1989.(The number on the card is 092-576-699.) They never became citizens. Two of his older siblings have now become citizens.

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

We now have a big problem. He was arrested in Feb for domestic violence. I called 911 but the main problem was drug addiction. He completed a drug rehab program in Banning and won his case and was released. ICE was notified. We were married in April. We have been together for 12 years. I was born here in America. Even though he was keeping the terms of his probation, had checked in and gone back to court, he was taken by ICE on Nov. 17. He is now at the Adelanto Detention Center and is the only white person there with 5000 Mexicans.. He is not getting any help about court dates or if or when he will be deported.He should not be there. They say it could be up to 6 months. We need some help. Does his being married to an american citizen change anything for his status? We are willing to move to NZ if we have to but would rather stay here. Who should I call? I have the ICE detention reporting info phone #(###) ###-#### and uscis Can the ICE Support center help? He was taken in front of our house by six squad cars and officers with guns on him. He has never had a weapon or resisted arrest. Excessive and extreme force was used. What can we do?

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of. His is an unusual situation and everyone at the detention center is wondering what a white guy who has lived here his whole life is doing there? He is subject to discrimination by the other detainees.

Submitted: 4 months ago.Category: Immigration Law
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Answered in 5 minutes by:
11/28/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,243
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

I'm sorry this is happening to your husband. First please tell me, What are the actual crimes that he has ever been convicted of?

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Customer reply replied 4 months ago
There are two domestic violence cases. One last year and one this year. Before I met him he had drug and theft arrests I believe. I feel responsible for this situation because I called the police, I was afraid for his life,I was trying to help him, that he would OD, When he got to the jail his blood pressure was only 65 and he was critical. He had another temporary restraining order served two weeks ago by the owner of the yard where he has kept his semi-truck and other vehicles for 3 years. We went to get our vehicles and the owner had blocked us in. Words were exchanged but no threats were made. The owner does
not like him and knows about his drug problem. The Lake Elsinore police were called and the officer told Nick he had the right to stay there as a tenant. Yes, he has been arrested several times, but has had his record expunged at one point and the strike was removed on October 11( Riverside County Court) when he was released from Banning. The judge realized that because of his long( 8 year) sobriety before the first arrest and his successful trucking business, he was not a criminal but an addict. I am not trying to make excuses, he has made many mistakes, but to be deported after completing a drug rehab program and reporting to probation, signing up for domestic violence classes is the opposite of what the judge told him in court. If we can't stay here then he has agreed to voluntarily leave, but is not being told when that will be. There is no need to hold him for months when we could fly to New Zealand right away. We both have passports. It seems that his rights are being violated.
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

Yes, he is supposed to be given a bond hearing soon after being detained. Whether he is actually deportable from the US is actually based on his criminal convictions, whether they were expunged or not and whether he completed the programs or not, unfortunately. This does not mean that he cannot try to fight the case through waivers that exist, etc. I highly suggest that you retain an immigration attorney in the city where he is being detained. The immigration attorney can file a Motion for a Bond Hearing to try to get him released from detention. If that is denied and he does not want to wait in detention while fighting his immigration case, then the attorney can ask for an expeditious hearing to get a deportation order instated or to ask for voluntary departure right away.

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Customer reply replied 4 months ago
Ok, thank you How soon after being detained? He has been there for almost 2 weeks. I forgot to mention that along with everything else, his father is dying of lung cancer and has only weeks to live. Can Nick be released on some sort of bereavement condition, like house arrest? How expeditious will this hearing be for voluntary departure? He is missing the last weeks of his father's life. Can you recommend any immigration attorneys in the Adelanto area? Or should I call the ICE support line and speak to someone there first?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

Once the request is made, a hearing should be given as soon as possible, usually 1-2 weeks. In the meantime, the attorney can also request it directly from ICE through a "Request for determination of Custody status."

Good luck to you and I hope this answer has helped you.

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