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Immigration Issues/My boyfriend has an ICE hold on him, can he get a voluntary departure?


My boyfriend is over staying his visa for 5 years, and he got a DUI, he was sentence to 2 years probation, after 8 months of probation, he violated it and he is in jail now. I hired criminal attoney and filed a bond petition, however, there is an ICE hold on him. So he didnt get release from jail and had to wait till the probation revocation hearing day.  We had decided to go back to his home country. Really want to know if it is possible to get an voluntary departure? and how should he apply for it since he is still in jail.  And can he get out from the county jail after the probation revocation hearing, or he won't be released by the ICE until he deportation day?

Hello Chris:

It all depends of the immigration charges against him. Once, ICE places a hold on a foreign born citizen, the person is transfered under their custody upon release from jail. Removal proceedings are commenced and the Notice to Appear states the charges against the alien. Voluntary departure is a legal relief; however in order to obtain permission from DHS to depart voluntarily, the alien must not be deportable on the grounds of aggravated felony convictions  or terrorist activities.
I am not familiar with your husband's immigration charges to tell you definitely whether he would be eligible for voluntary departure.


Annick Koloko

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Annick Tchokonte-Koloko


Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.


Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

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