What exactly can we do about an immigration hold on a inmate that is a US citizen?

My uncle is a citizen who on file is listed as “Juan” but his name is actually John. He is Hispanic and was born in TX. They have him held in a different city as to which he was living in and our family doesn’t know how to go about changing his immigration hold.

Asked on November 8, 2011 under Immigration Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The first step is documentation.  If he is the victim of a mistake in identity, gathering as much documentation as possible.  Next, contact the jail facility or agents that are processing his case to provide them the documentation to show that they are holding the wrong person.  If this does not resolve the situation, you should consult with an immigration attorney.  They can help your uncle develop his defense to deportation.  Whether you are giving the documentation (like a license, birth certificate, etc.) to the jail or to the attorney, make sure that they obtain certified or clear copies.  Presenting forged or distorted documents will only cause more problems for your uncle, and possibly for you. 

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