If a non-US citizen with an outstanding arrestwarrant attempts to re-enter the US to finish their jail sentence, will they be detained by immigration?

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If a non-US citizen with an outstanding arrestwarrant attempts to re-enter the US to finish their jail sentence, will they be detained by immigration?

I got a DUI in 2008. I’m a Canadian citizen and have not been back in the US since. Warrant issued in 2009 because I could not return at that time to serve a 72 hour jail sentence.

Asked on January 29, 2011 under Criminal Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You will most certainly be detained and taken into custody upon attempting to come back to the US if you have an outstanding arrest warrant.  Immigration officials run criminal background checks on anyone trying to enter the country.  Before trying to return, you would be well advised to seek the services of a criminal law attorney in the area where the warrant would have been issued.  They will have local contacts with the court that will be invaluable, and can best advise on re-entry. 


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