How Does Voluntary Deportation Work for an Immigrant in Jail

This situation involves several intersecting legal systems simultaneously and the full answer depends on details specific to your loved one's case. Here is the most accurate general guidance available on each of your questions.

Voluntary deportation basics

Voluntary deportation, formally called voluntary departure, allows a non-citizen to leave the United States without a formal deportation order on their record. It is generally a better outcome than forced deportation because it preserves some future options for legal reentry. However voluntary departure becomes significantly more complicated once criminal charges and incarceration are involved.

Once charges are filed

When someone is charged with a crime and incarcerated the voluntary departure option largely disappears until the criminal case resolves. The individual must wait for the court process to conclude. If convicted and sentenced to time in custody they serve that sentence first. Deportation follows after the sentence is complete. At that point it is no longer voluntary in the true sense — it is an order of removal that happens to occur after the sentence ends.

The nature of the charges matters enormously

Certain crimes trigger mandatory deportation regardless of immigration status or length of residency in the United States. Aggravated felonies, crimes involving moral turpitude, and drug offenses all carry specific immigration consequences that can override other considerations. The specific charges in both the North Dakota and California cases will determine what immigration options remain available.

Permanent resident status

Being a lawful permanent resident does not protect someone from deportation if they are convicted of certain categories of crimes. A German citizen with a green card who is convicted of a qualifying offense can be deported despite years of legal residency. An immigration attorney who specializes in criminal immigration consequences, sometimes called crimmigration, is essential for understanding exactly what the charges mean for permanent resident status.

ICE detention and voluntary departure

ICE can deny voluntary departure requests, particularly for individuals with pending criminal charges in multiple jurisdictions. ICE makes these determinations based on flight risk, criminal history, and the nature of the charges. Being held in one state with pending charges in another complicates this further because ICE must coordinate with both jurisdictions before any deportation proceeding can move forward.

Multiple jurisdictions and same-day court dates

Having active cases in two states simultaneously is one of the most logistically complicated situations in the criminal justice system. Courts coordinate through a process called a writ, where one jurisdiction temporarily transfers custody of the defendant to appear in another. Same-day court appearances in different states are extremely rare and typically result in one appearance being postponed. An attorney in each jurisdiction needs to be coordinating these logistics actively.

How long does the process take

There is no reliable timeline because so many variables are in play simultaneously. The criminal cases must resolve before immigration proceedings can conclude. Each case moves at its own pace. In complex multi-jurisdiction situations involving ICE holds the process can take anywhere from several months to several years.

The most important step

This situation requires an immigration attorney with specific experience in criminal immigration law, not a general immigration attorney and not a criminal defense attorney alone. The intersection of active criminal cases in two states with ICE detention and permanent resident status is specialized enough that general practitioners in either area may miss critical options or deadlines.

Legal aid organizations in both North Dakota and California may be able to provide referrals to attorneys experienced in exactly this type of case.