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. The general answer is that it varies depending on the circumstances and there is no set amount of time or time limit that ICE can hold someone without taking them to court. In addition, since we do not have all the facts, it is not really possible to answer with complete accuracy. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your wife's arrest. He/she would then be in a better position to analyze her case and advise you of your options.
Answered on Sep 10th, 2012 at 2:13 PM