I-247 Retainer and the 48 hour hold?

This is a discussion on I-247 Retainer and the 48 hour hold? within the Deportation & Removal Issues forum, part of the Other Immigration Law & Visas category; My boyfriend is from India and was arrested 4 days ago on a public intoxication charge. He did not have ...

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Old Jun 30th, 2012, 10:40 PM   #1
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Default I-247 Retainer and the 48 hour hold?

My boyfriend is from India and was arrested 4 days ago on a public intoxication charge. He did not have his ID, but when I went and got his passport and green card they were expired by over a year. The police will not release him do to an ICE retainer, but they told me they would hold him for several weeks in the local jail prior to him being taken into custody by immigration.
From my understand the I-247 retainer form, they cannot hold him for longer than 48 hours without him being taken into custody. Is that correct?

Thank you for any advice!
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Old Jun 30th, 2012, 11:38 PM   #2
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Default Re: I-247 Retainer and the 48 hour hold?

I wish to inform you that your boyfriend will have to be presented in court and court may then grant police custody. In USA Defendants have a right to Speedy Trial and arraignment is generally regarded as part of his speedy trial rights. As your boyfriend is in Indian thus you can inform Indian Embassy in USA for taking necessary action to secure his release.

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