An initial question is whether your husband has had a prior deportation order or committed crimes. In those cases, it would be more difficult to have him released. If he was your husband and not just your boyfriend, that would be another equity in his favor. If he has not been under prior proceedings, he may be eligible for release by ICE or through a bond hearing with an immigration judge. If he has had a prior deportation order or committed crimes, he or his attorney can ask for prosecutorial discretion from ICE that he not be deported. If there are grounds to reopen his case, his legal representative can file a motion to reopen which if successful may result in his being released. Otherwise he may have to remain under ICE custody while it tries to arrange transportation outside the US. If it is unsuccessful in arranging a deportation within a reasonable period of time (usually six months), it will likely be forced to release your husband/boyfriend.
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