Criminal Defense of Immigrants

An immigration hold lasts 48 hours.  See § 6.15, infra.  Once it has expired, continued state detention of the immigrant, after criminal detention has ended, becomes illegal and the state authorities can be ordered to release the immigrant forthwith.  See § § 6.16-6.17, infra.  On the other hand, if the immigration authorities arrive and take the immigrant into immigration custody before the court has ordered release or before release has actually been effected, the habeas petition may be considered moot.