Will ICE deport me?

[NeilTheCop]

House arrest is an option that is becoming more and more common as a means of relieving pressure on jails, and also also permitting the convicted party to pay for a portion of the related costs of monitoring and supervision. The problem is when ity is applied to progressively more serious offenses. I am troubled that it might be permitted for a stalking case!

I had a look at the Washington State statute and it said that house arrest didn't apply to convictions for harassment.
http://app.leg.wa.gov/rcw/default.aspx?cite=9.94A.734
The page does link to the harassment definition but it's very broad so I'm not sure if stalking is harassment.
The reason I broached the question of a probation officer was in part to answer the OP's question about law enforcement needing a search warrant, because probation officers in most states, don't need one to enter and search.

 

[CdwJava]

We have

That's not true around here (Mass). Mass doesn't honor ICE detainers. The SJC held that they are civil detainers in nature, and Mass law doesn't allow incarceration on civil matters. (Unless it's contempt of court).

I had a Brazilian client picked by ICE up at home on his way to court.

We have similar issues out here. But, if the OP is afraid that ICE will come knocking, he should be slightly relieved that if he has not been turned over upon release from jail, they are unlikely to come to his door. ICE resources are not that prevalent and focused on most violent criminals.

It's a shame that states tend not to honor these detainers, really.

 

[solsenxxx]

Well in my case there was never even a claim of physical violence. And stalking is a legal term and has actually nothing to do with stalking. When someone sends out a series of harassing communications towards someone who reasonably feels scared by those communications then it's considered stalking, legally. And when one of those instances happens during a protection order it is classified as felony stalking. Has nothing to do with stalking or violence.

As far as deportable offenses go, under ICE rules there are some which are rebuttable, some are not. Mine is an immigration lawyer said.

Still - I would love to know what happens if they do stand outside my door with a warrant. Can I not answer and will they break in the door?

Thank you

 

[HighwayMan]

Stop playing games with words. You are a convicted felon. Period.

 

[NeilTheCop]

Well in my case there was never even a claim of physical violence. And stalking is a legal term and has actually nothing to do with stalking.

Not quite sure why you need any help from this forum. You are obviously very conversant with the law.

 

[Just Blue]

Glad to know that it's not just me that would not shed a tear if OP went back to his home country.

 

[CdwJava]

Well in my case there was never even a claim of physical violence. And stalking is a legal term and has actually nothing to do with stalking. When someone sends out a series of harassing communications towards someone who reasonably feels scared by those communications then it's considered stalking, legally. And when one of those instances happens during a protection order it is classified as felony stalking. Has nothing to do with stalking or violence.

As far as deportable offenses go, under ICE rules there are some which are rebuttable, some are not. Mine is an immigration lawyer said.

Still - I would love to know what happens if they do stand outside my door with a warrant. Can I not answer and will they break in the door?

Thank you

Whether you consider this a violent crime or not is irrelevant. Whether or not it is an offense that can get you deported, is.

And if they stand outside your door and do not have a warrant, they cannot generally enter. But, if ICE comes knocking, and they really want you, they'll have a warrant.

 

[not2cleverRed]

Well in my case there was never even a claim of physical violence. And stalking is a legal term and has actually nothing to do with stalking. When someone sends out a series of harassing communications towards someone who reasonably feels scared by those communications then it's considered stalking, legally. And when one of those instances happens during a protection order it is classified as felony stalking. Has nothing to do with stalking or violence.

As far as deportable offenses go, under ICE rules there are some which are rebuttable, some are not. Mine is an immigration lawyer said.

Still - I would love to know what happens if they do stand outside my door with a warrant. Can I not answer and will they break in the door?

Thank you

The fact is that someone had a protection order against you, and you lacked the self control to leave the person alone speaks volumes.

Whether ICE will deport you? Well, they know where you are, and no one is going to protest if an Austrian felon gets deported.

 

[Just Blue]

The fact is that someone had a protection order against you, and you lacked the self control to leave the person alone speaks volumes.

Whether ICE will deport you? Well, they know where you are, and no one is going to protest if an Austrian felon gets deported.

Well....Austria might.

USG: Hello Austria? This is the US. Just wanted to let you know that we are shipping Stalker Boy home tomorrow...

Austria: No...no that's okay...you can keep him.

USG: Nope. He's going home.

Austria: Nope. No way. No how. We won't sign for him.

USG: Tough strudel. He's outta here tomorrow!

Austria: Damn.

 

[HighwayMan]

Whether ICE will deport you?

Let's hope so.