Criminal Defense of Immigrants

Sometimes, a noncitizen client may decide that s/he would prefer to be deported as quickly as possible, instead of spending a number of years in criminal custody, followed by additional months or years in immigration detention.  The general rule is that sentence must be served before a noncitizen is transferred to immigration custody for removal hearings.  See § 6.21, infra.  Institutionally, there are a number of roadblocks to enabling a noncitizen to avoid criminal and immigration detention prior to removal.  However, there are a number of exceptions, including two forms of removal at criminal sentencing, see § § 6.22-6.23, infra, early release from prison to deportation, see § 6.26, infra, removal proceedings prior to release from criminal custody, see § 6.28, infra, and possibly others.  A noncitizen can also ask to be transferred to a prison in his or her home country.  See § 6.27, infra.