This is my second post, but we're desperate. We have a dear friend who is in jail right now with a final order of deportation. In 2003, he crossed the border and was stopped by immigration in the U.S. He was not deported but given a hearing date. He did not go to the hearing. He made his way to our area and has been living here ever since 2005. He has a live-in girlfriend from Africa who has a valid green card, and they have 3 young children together.
Almost 3 weeks ago, he and his brother were picked up by ICE agents in front of his apartment. ICE fingerprinted his brother and let him go but incarcerated our friend because of the hearing from 2003. Aside from not appearing in court in 2003, he has no criminal record whatsoever.
We contacted an attorney for him, and she was going to file 3 motions: bond, reopening his original case, and a stay. However, after she got permission to speak for him as his attorney, she talked to the ICE agent in charge and he said that our friend was not going to get a hearing, no stay, and no bond; and that he was deported in absentia and is going back to his native country.
We thought that was the end of it, but our friend has contacted us from jail about several inmates with the same situation, and their attorneys have filed the motions for them and they're waiting for answers. But other people have told us about the thousands of dollars they spent but their loved ones still got deported. We contacted yet another attorney who told us the same -- no hope; and a third who said it was difficult, but for $1,500 plus fees, they would file the motions that the original attorney was going to file. We've already spent over $1,200 just to find out that there was nothing to be done and we don't want to spend another $3,000 to file motions just to be doing something.
What are we doing wrong and has anyone had the same situation and been release? Thanks in advance for your answer or links to similar answers.
Dear kc-cajun: I see that you have quite the predicament. However I would say that this is not the appropriate place to get the answers you seek. You must find an experienced immigration attorney near where you live that can be honest with you about your friend's chances of being released. Truth be told is that once someone is in detention, especially someone with an existing removal order, it is very difficult to make things happen. If he is eligible for DACA then that needs to be told to the immigration attorney.
