If an inmate is due for deportation how long does an accelerated process take?
If an inmate is due for deportation how long does an accelerated process take? How do we know if the inmate qualifies for a faster removal proceeding?
Sol Troncoso
Is your inmate currently being held awaiting removal or are they serving a sentence?
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Is your inmate currently being held awaiting removal or are they serving a sentence? The general rule is that a person cannot be removed by immigration authorities until he is released from imprisonment. ICE would not deliberately deport a person who has not completed his criminal sentence. Acceleration in this example would not apply.
Immigration law has very specific rules governing when a person can be held in immigration custody. Depending on specific factors in your inmate's case; whether you're subject to removal based on certain crimes or acts, whether you've already received a final order of removal, and whether the government can in fact remove you to another country. The rules may also vary depending on how the federal courts have interpreted the immigration laws in the state where this case is presided.
https://www.inmateaid.com/ask-the-inmate/if-an-inmate-is-due-for-deportation-how-long-does-an-accelerated-process-take#answer
Accepted Answer Date Created: May 09,2016
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About this answer:
This response was prepared by InmateAid’s editorial team in consultation with former inmates who have direct experience with the federal correctional system. InmateAid has served families of the incarcerated since 2012. This is general information only — not legal advice.
Last reviewed May 2016.