P. Bautista-M. – 5/2/11
Client had been arrested on a misdemeanor Fail to ID. The bond was set really low at $750 so we advised the wife in order to have him moved to Immigration Custody faster where we then could fight for a bond for him, to go ahead and pay his $750 criminal bond. We kept an eye on it (as we always do in these cases, because you never know when the jail or Immigration will make a mistake) and when 48 hours had passed (not including Saturday or Sunday or Holidays) and Immigration had not picked him up from jail, we knew we had an argument under the Federal Regulations that he must be released.
Under Title 8 Section 287.7(d) it says that when ICE (Immigration) asks to issue a detainer for an Alien no otherwise detained by a criminal justice agency, such agency shall maintain custody of the alien for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit assumption of custody by the Department.
So at the moment the 48 hours passed, we called the Jail and demanded his release. They realized their error but told us he was on the list to be transferred tomorrow morning. We told them that was a violation of Federal law and they needed to follow the law. They ended up agreeing with us and our client was released, thus avoiding Deportation proceedings. Great job by the Peek & Toland staff to vigilantly watch the jail and hold the government to following the law!