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| laws regarding immigrants who go back to Mexico http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=752 |
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| Author: | socalocmatt [ Fri 06 May 2005 01:37 ] |
| Post subject: | laws regarding immigrants who go back to Mexico |
Rex... I guess this one would be in your department since I am in California and am looking into a laws regarding this situation. We have a skip who is an illegal immigrant and has fled back to Mexico. Due to his families situation in the states and the liability that he is causing them, he is heading back and wants to cross the border again so that he can turn himself in. My question: What, if anything, can we do regarding his apprehension? I know that we can not go into Mexico, nor can we assist him in illegally crossing the border. Is there a way to work with INS in regards to him turning himself into them (felony warrant)? Any suggestions and/or laws would be greatly appreciated. Best Regards, Matthew Post Omega Fugitive Recovery |
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| Author: | rex [ Fri 06 May 2005 05:24 ] |
| Post subject: | Mexico |
Matthew, Your analysis of the problem is correct inasmuch that contrary to what others may say, it is unlawful to cross into Mexico for the purposes of conducting a fugitive recovery operation; moreover, assisting or otherwise helping an illegal in border crossing is equally problematic and historically very dangerous. There is hope however. Note: I am not a lawyer, so I am not dispensing legal advice, so the following should help you form questions for your attorney: If the wayward client in question is barred from reentering the US due to a narcotics conviction as an adult or was deported by Federal Authorities or is restrained by civil authorities (Mexico) or if surrendering the defendant is impossible since doing so would violate Federal law then you have the elements of a good motion to tech out the bond and the defendant does not have to be detained. The motion would carry more weight if the defendant used fraudulent ID to make bail and the sheriff who released him did not catch this. The case gets weakened if the People can prove that the defendant left voluntarily. Ask your attorney to ask the bail agent if the family will provide declarative proof that the defendant is in Mexico. Interestingly, there is a sample motion concerning this subject in "Desktop Bounty Hunter." The final option is for a confidential case contact to advise you where the skip will be should that person cross the border illegally. Hope this helps, Rex |
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| Author: | DHerbert73 [ Fri 06 May 2005 09:28 ] |
| Post subject: | |
I.C.E. can also provide a form called a G-146 Verification of Departure. The form confirms the date the defendant departed the United States. This form is taken by the defendant to the most local US Embassy or Consulate (I believe there are 6 in MX) and the attache's complete the form. As far as confirmation the defendant is in MX what better source than an American Consulate or Embassy. Also if the defendant has/had a case with INS while he was here in the states the defendant would have been assigned a file number or Alien registration number. If the family can provide this A # you can verify if INS deported the alien. You can also file a F.O.I.A. request for the aliens case status and this would be enough to prove the defendant ineligable for re-entry due to a violation of CFR 8, 236 (c). Pretty sure that is the appropriate code but check the Federal Register to be sure. The code states any alien convicted of a felony and has spent 6 or more months on probation, in custody of a penal institution or in custody of a mental health facility is found deportable from the US and may not re-enter for a period of 10 years. |
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| Author: | rex [ Fri 06 May 2005 18:11 ] |
| Post subject: | Good Topic |
One has to operate under the assumption here that the defendant was in fact deported, and the original post is not precise on this point. Unfortunately, if the case is an indpendent one, I suspect that it is time-sensitive, and there are strict time lines in this respect, so proceeding through ICE may or may not be advantageous to the case. Federal deporation is a motion in and of itself, but in the type of moving papers I have suggested, this is only one necessary element. A prudent question would be to learn how much time is left on the case. Rex |
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| Author: | DMARTZ [ Fri 06 May 2005 20:05 ] |
| Post subject: | |
Rex, I have to agree this is probably a time-sensitive. as you well know we never get any cases that have plenty of time left (HA,HA,) ICE is way to slow it may be in the best intrest on this one to tech-out if at all possible. |
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| Author: | socalocmatt [ Sat 07 May 2005 02:40 ] |
| Post subject: | |
Thank you to everyone who has responded so far. To clear things up, this person was not deported and went back across the border to Mexico. |
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| Author: | rex [ Sat 07 May 2005 04:42 ] |
| Post subject: | Ahhhh |
Matthew, As I orginally suspected. It is worth mentioning that I received a glut of like cases for an extended period of time, and a high number of those 'off to Mexico' cases got closed after finding that the defendants in question were actually still around. If you don't mind answering, how much more time until summary judgment, and is this the first 180-days or is there good cause for an extension? Just a thought, Rex |
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| Author: | socalocmatt [ Mon 09 May 2005 10:50 ] |
| Post subject: | |
Rex, We have plenty of time on the original 180 days. You are absolutely correct in that so far 80% of our cases are 'off in Mexico'. This is just the first one that I am almost sure that he is in Mexico. Believe me, we are still tracking the household and watching the house. I just wanted to be prepared if and when the situation arises. PS: I am anxiously awaiting Desktop Bounty Hunter. |
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| Author: | rex [ Mon 09 May 2005 12:54 ] |
| Post subject: | 10-4 |
Matthew, Your order was received and is in process. I suspect that it will be shipped within the next 24-hours. Good luck; I know how difficult those types of cases can be. Rex |
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| Author: | DMARTZ [ Mon 09 May 2005 13:35 ] |
| Post subject: | |
Matthew, I can assure you that your order of The Desk Top Bounty Hunter from Rex will be worth the few days of shipping time you will have to wait. As i know you will enjoy and refer back to it as you move along in this business. Good Luck and enjoy your book. Regards |
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