Can my boyfriend be released out of jail now that I have dropped the charges? Can I appeal so he will not be deported?

It is the State not the defense attorney that can dismiss the case. Until the case is dismissed, INS will not get off his back.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. With regards to your dropping the charges with "the lawyer assigned to him", which I assume you mean to be the public defender, did the D.A. agree to drop the charges? If not, his charges may still be pending. With regards to the immigration hold, is your boyfriend undocumented, a permanent resident or a U.S. citizen? I am assuming that since there is an immigration hold, he is probably undocumented and here in the U.S. illegally. If that is the case, he will be transferred from the county jail to an immigration detention center once his criminal case is over. He may be a mandatory detainer which means that he will be ineligible for an immigration bond.

You should talk to his lawyer about this. You may have been under the impression that you dropped the charges, but that is impossible. Only the prosecutor can drop charges and they don't have to drop charges just because you, the victim, want them to. In domestic violence cases, the prosecutor rarely does what the victim wants, because the victim almost always wants the charges dropped. It's part of the cycle of violence. Regarding the immigration issue you raised, more information is needed. If he is not here legally, he is going to be deported. It doesn't matter whether the charges were dropped or not. If he is a legal resident, he may still be deported. He is going to need a good immigration lawyer.

You can't drop the charges. Prosecutors aren't stupid. The fact is, in 95% of all DV cases the parties reconcile or the victim has a change of heart. If prosecutors dropped charges everytime this happened, there would be no DV cases left in this country. He needs a good lawyer.

You cannot drop the charge, only the prosecutor can. He will likely not be release because of the immigration violation.

You can't drop the charges in a criminal case, only the prosecutor can.

This is not a criminal law question if there will not be any criminal charges - if you are correct and the domestic violence charges have been dropped. He is currently being held by immigration and only they can decide to release him. Given the information provided, it is unclear how your boyfriend is in the country - student visa, worker's visa, no papers, etc. Thus, I do not believe that anyone can properly answer your question. You should consult an immigration attorney.