QUESTION

Can a illegal immigrant get sent back if they go to court?

Asked on Mar 19th, 2013 on Immigration - Ohio
More details to this question:
An illegal immigrant got into a car wreck but he hit nobody just wrecked his own car because it was icy out. The police came gave him a ticket for no license and not being able to control vechile. When he goes to court what will happen? Can they send him back to his country?
Report Abuse

2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If the illegal immigrant has no crimes or order of removal, the good chances are that the trip to court for the ticket would be fairly routine. ICE is currently attempting to focus its resources on certain classes of individuals and not those with minor situations as you describe. Under the memorandum on prosecutorial discretion issued in 2011, ICE has guidelines for the type of situations in which it will hold individuals. In the past, situations in which illegal immigrants went to court for any reason were always fraught with danger. Although there is still the possibility of an immigration detention hold, the chances are much less these days unless there are other aggravating circumstances. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Apr 06th, 2013 at 4:59 PM

Report Abuse
Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
If he faces a criminal conviction, there may be immigration consequences.  I recommend he hire an attorney who is familiar with immigration law to advice his criminal attorney before entering any plea.
Answered on Mar 21st, 2013 at 9:44 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters