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Old 04-03-2008, 10:49 AM
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Default please help need advice...

a friend of mine was arrested for immigration,but was let out and has a court date is he allow to travel within the country? like to another city where he lives??? can he be arrested again??? thank you please help.....
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Old 04-05-2008, 09:47 AM
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Originally Posted by michelle06 View Post
a friend of mine was arrested for immigration,but was let out and has a court date is he allow to travel within the country? like to another city where he lives??? can he be arrested again??? thank you please help.....
He needs to very careful in following the terms of his release, in my opinion. They should've been clearly outlined, along with the time, date & location of his next hearing. If that isn't clearly specified, personally I'd suggest the services of a good immigration attorney in your area to make sure. I don't know if I'd be particularly comfortable negotiating federal vs state jurisdictions and laws on my own. (Just an opinion here.)

For example, if your friend accidentally violates the terms and is pulled over in most parts of the country,he could conceivably be arrested again by any law enforcement exercising police powers. On a state level, again, depending on the circumstances of your friend's original case, they can arrest & detain based on federal immigration law violation and depending on whether or not your friend's name has been entered into the NCIC data base (among several others,) whether or not that information is accurate; the nature and severity of the charges against him (be they criminal or civil,) etc., he could face quite some time in detention sorting everything out. Worst case scenario, he could miss his 2nd hearing while tangled up in another jurisdiction and face possible deportation in absentia.

Not much of a concrete answer here, but personally, I'd 'err on the side of caution' in a case like this. Ever heard of Guantanamo Bay? ( bit extreme, but it illustrates my point.) You might want to look that one up, if you haven't. Good luck.

*It's a given this post is simply an opinion here, not to be construed as legal advice.

Last edited by TheJury'sStillOut : 04-06-2008 at 09:26 AM. Reason: added *
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