Detained need help.

[asarr]

Hi :wave: I am not sure which post this belongs to. This users name is my husband, and I am his wife that posts sometimes, or his best friend.

My husband was ordered deport on July 8th and is banned 10 years or more from the USA.

However, the deportion officers were trying to get his travel doucments from Senegel but there seems to be a problem, and the country does not have any papers stating that he is a citizen. My question is that is it true after 90 days he must be release if the deportion officers do not get his documents? A few people from his detention center who are also from his country were given a blue slip to fill out. Those slips were for them to give the deportion officers their address they will be staying in the USA because the country doesn't take them back.

I looked up at the Senegel's citizenship information, and how its possible to lose the citizenship - one says if any crime made in Senegel or aboard loses the citizenship unless in prison for more than 3 years. My husband has never been never in jail for that long. Just confused, maybe there is someone in that situation who can help. :wink:

Thanks.

[emt103c]

I do not think that 90 days is the deadline, but I'm not well-versed in this process. Have you consulted an attorney yet? It sounds like this is something you will really need help with.

Does he have an arrest history? Why is he being detained?

[Pinkpig]

I do not know enough about this to talk about it intelligently. I think there may be other members who can and have been through this. The week-ends are usually pretty slow. When others see this probably tomorrow they will chime in.

There is a link in my signature to a site that helps out folks who are in custody and are going through the immigration process. Perhaps it could help you.

[puissance]

Hello
If your husband is currently detained , it's true that he could get release after 90 days , if DHS couldn't figure out his country of citizenship. But he will have to report to an immigration judge later on a regular basis while DHS tries everything they can to get him out of the country. I'll suggest that you seek a legal advise to explore all the options available to you. Don't get discourage at all and try not to get too many informations from differents sources. You'll loose hope and faith which is very important in matters of this kind .
I'll keep you guys in my prayers and know this " The Best is Yet to come "

[asarr]

Hi,
Thanks for those who have tried to answer to my question. Yes ASarr does have history with breaking the law. He has one CMIT, but the waivers were not met because he hasnt been in the country for 10 years - only 8 years and a half. However he does have a couple arrested from driving with a suspended license, and also another CMIT that is pending, but he is not convicted for it. However we were seen by a judge and believe it or not, his case was 4 hour alone and he was in the court room himself alone. It was so long the judge was going by every record that he has here. However the judge order his deportion. I have this book that every inmate in his detention center have- talks about what happens after they are deported, and within 90 days the DHS must deport them if unable to get their travel documents, they will be given a working permit. I do believe that they will try every way to remove him from the country, however in Senegal they do not recognized him as a citizen there. So the embassy refuses to issue any travel documents, because he doesn't have a valid ID Senegal, and they cant not issue one.
I was just wondering if anyone has ever gone thru the similar situation. (I know that the embassy have the power to decline, delay, or refused to give the USA travel documents for any reasons.) And by law if a person is detain more than 6 months they must be release.

[momof1]

asarr my husband was detained in april 07 and they had his algerian passport. we got the 8th circuit court of appeals to stop his deportation but we were told they had no authority to release him from jail. after 90 days they vacated the order stopping his deportation and he wasn't deported for another 16 days.

From my understanding, when you are deported they have to ask your country if they will accept you back. My husband went through a lot of trouble to get his algerian passport again because there were people in jail from somaalia for over a year trying to get a country to accept them because the US doesn't recognize the somali govt.

wish i could be of more help.

[xclent]

can't he adjust his status

[emt103c]

can't he adjust his status

Not under these circumstances.

[xclent]

Not under these circumstances.

Why is he being deported in the first place ?
If she is a US citizen, cant she apply for AOS

[momof1]

xcelent if it were that easy we would all just adjust status for our spouses. each situation is different.

[asarr]

Hi,
Thanks for all the responses again.

I do understand that the USA will try every thing to get rid of asarr. I do know for a fact he isnt a citizen in his country.
I know one of his friend who is not a green card holder at all - (he was) but lost it for good, and he has like at least 50 arresting record, and he was in the past under ICE custody for awhile but they release him because he is not a citizen in Gambia. So recent ICE had him again and they let him out in 3 weeks because they knew that they couldn't do anything about getting his passport. Anyways I know that asarr will be going thru the same situation. And there is another thing, we are pretty much good friends with the embassy so they told us they will not issue any documents to the USA govts.
So I dont know really it has been over 30 days now we will see what happens within a month.