Get I 830

Federal law says that state and local law enforcement authorities may only hold persons on immigration detainers for 48 hours after the completion of their jail time. This means that once you have completed your jail time, the immigration officials must take you into custody within two days.

I-830. A "Notice to EOIR: Alien Address" is a document that ICE submits to the Executive Office for Immigration Review (EOIR) — the Immigration Court. This document notifies the Immigration Court of a person's location, whether the person is incarcerated, is detained by ICE, or has been released from ICE custody.

There are five main ways to be released from detention: parole, bond, “humanitarian” parole, post-order custody review, and writ of habeas corpus. The meaning of each of these and their eligibility requirements are discussed briefly below.

Under an "order of recognizance" an individual is released with reporting conditions while in deportation proceedings and awaiting a final decision. A second type of order ("order of supervision") releases an individual after a final order of removal.

The Form I-863 is a Notice of Referral to Immigration Judge that is used in credible fear, reasonable fear, claimed status review, asylum-only and withholding only proceedings.

Once the jail's lawful authority to detain the person expires, ICE must assume custody of him or her within 48 hours. Once the 48 hour period has lapsed, the immigration detainer has expired and the jail lacks authority to hold someone if ICE has not assumed custody.

After 72 hours, Immigration must give you a Notice to Appear (NTA). This is the notice that provides you with the information about your hearing before an Immigration Judge. In most cases, you have the right to ask to be released from detention by paying a bond, or to ask for a bond hearing in front of a judge.