Criminal Defense of Immigrants



 
 

§ 10.81 (E)

 
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(E)  Probation Does Not Delay Deportation.  A noncitizen cannot generally be deported until imprisonment has been terminated.[342]  See § 6.21, supra.  When a noncitizen is released from custody to probation or parole, however, a previously lodged immigration hold would take effect, and the person would pass into immigration custody to begin removal proceedings.  See § 6.20, supra.  Therefore, while a noncitizen cannot normally be removed while still serving a custodial sentence, probation or parole will not prevent removal.


[342] INA § 242(h)(2), 8 U.S.C. § 1252(h)(2).

 

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