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A relative of mine was recently arrested and charged with several felonies in California, all of which were committed in possession of/while using an illegally acquired firearm. While he was being processed, we learned that he had lied about his legal citizenship status for the past 20 years and was actually in the country illegally and had been using an alias to avoid Immigration. After checking the County's website to find out if/when he would be released (for safety reasons regarding other relatives involved in the incident) we learned that while his charges carried the possibility of bail, his case had a hold on it reading "INS Detainer". My understanding of how the law works in both of these regards is admittedly limited, so my questions to anyone able to answer them are as follows:
1: Is the fact that the charges are bailable made irrelevant by the Immigration hold, thereby making it effectively impossible for him to be bailed out?
2: Because he had avoided Immigration for so long and lied multiple times to them, what are the chances that this means he will be deported? Does the acquisition of five felony charges make it more likely that he will be deported?
3: If the above is true and he will be deported, would he have to serve his time if found guilty of the felony charges before deportation, or would he be deported before the charges would be taken to court?
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- 6 months ago
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