ICE told dad to report to deferred inspection

Long story short, my dad got released from county jail on bond. ICE agents were there but they didnt take him and told him to go report to deferred inspection on Monday. The reason was because he was detained at airport upon entry and they had taken his passport so now they want him to collect it? Is this a trap? He wasnt given any notice to appear. He still has criminal court date coming up so can they detain him at cbp and send him to ice anyways?

Seek an immigration lawyer....

Why was he in jail?

he had an indecency warrant apparently back in '05 but he had left the country and when my sister sponsored him last year they didnt catch it at the embassy abroad or they did and issued him the visa anyway. we are not sure ourselves how that happened.

Sounds like a trap to me, no way they didn't pull the records when issuing that visa. They pull records every single time.

Get a lawyer cause its about to get hairy.

Well I'd expect him to end up in removal proceedings.

There's two ways to fight this, first method is to fight the initial charge if he's found not guilty, the charge is dismissed, or is plead down to something that's not a felony or CIMT, he'll be fine, there's nothing that'd make him inadmissible and the proceedings can be terminated since the original NTA was defective (non-existent charge). Basically try to either get it dismissed, if that fails try to plead it down, if that fails fight it and go to trial.
Second way is if he'd get convincted. Since he was detained on entry he's an "Applicant for admission", meaning that you can seek a CIMT waiver using form I-601 before the immigration court (assuming that he has a qualified relative i.e. a USC/LPR Spouse/Parent(s)), if approved he'll get his green card back. Back when I worked at a law office we got a guy who had two counts of third degree assault off the hook, he was detained on entry so we were able to file I-601 for him using his LPR parents as qualifying relatives, it got approved, and he was released and got his green card back.

Demise, I was waiting on your input! so we called the cbp office and they had no idea who has his passport/greencard packet. They didnt have an appointment for him either. Should we follow up on this? I'm so scared ICE might just change their mind and show up at our house for him. why do you think they didnt pick him up straight from the county jail? do you think bc of his age (65 w/heart condition) they would not detain him in cbp/ice and let him maybe show up for a NTA in the near future?

My guess is that he only has a charge rather than a conviction is the reason, so there's no mandatory detention associated (presumption of innocence and all that), it's simply easier for them to give him a notice to come back later on his own rather than set up court ASAP and deal with a bond hearing that he would get approved.

If I were to guess I think they'll wait on the outcome of his criminal case before moving with placing him into removal proceedings or just approving his deferred inspection and returning his documents, depending on outcome of the criminal case.

the thing is there is not an official notice to appear. the ice agent simply told him and wrote it down on a piece of paper to come to deferred inspection. CBP said they will inquire with ICE as to where is he supposed to report. should we let it be and just lay low?

SO this CIMT waiver you mentioned, would it be filed at the time he is ready to claim his greencard back? I wonder why all the lawyers I've spoken to hasn't mentioned this..they simply have said he will be deported if he pleads.

Basically lets say that he gets a CIMT conviction, which is what an indecency charge would most likely be. He gets convincted, he would be placed into removal proceedings as he was never admitted (and instead got a deferred inspection) and he's now inadmissible, meaning that the government cannot admit him into the country meaning that they are seeking to deport him.

However since during all this time he remains an applicant for admission, the court gets to review whether or not he is admissible and it gets to entertain any waivers he might be eligible for, effectively the court becomes the place where he gets his deferred inspection. This is the point you'd file a CIMT inadmissibility waiver (which has to be associated with an application for an immigrant visa, adjustment of status, or admission into US and keep in mind he's an applicant for admission), in order to waive the ground that's making him inadmissible, if the court approves his then he gets legally admitted into the US and gets his green card back.

Definitely point this out to your lawyer, some might not know you can use an I-601 this way, the lawyer I worked under didn't and only thing that saved that client was my legal research and creative thinking.

However save the CIMT waiver for when getting anything better in criminal court fails. First he should try to get the charges dismissed. Then he should try to plead down to a lesser offense that won't be a CIMT, opposing counsel is generally willing to plead a first charge all the way down to a disorderly conduct charge especially if the evidence isn't particularly solid, if that fails take it to trial and seek a non-guilty verdict.