My husband is an “LPR” and was convicted for Felony, Possesion for Sale (HS 11378). How do I find out if he has an “ICE” hold?

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My husband is an “LPR” and was convicted for Felony, Possesion for Sale (HS 11378). How do I find out if he has an “ICE” hold?

My Husband is an “LPR” and was convicted of a Felony, Possesion for sale (HS 11378). On the inmate locater his charges are HS 11378 and Title 18. What is the Title 18? He is in a county jail, how do I find out if he has an “ICE” hold? He is expected to finish his sentence 06/30/09 or 07/10/09. What if he does have a “hold” what steps do I need to take to keep from being deported and losing his green card?

Asked on June 14, 2009 under Criminal Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Oh boy -- and you are sure you want to help? Okay, if you want to help this person who is in this much trouble: call his public defender.  That is the quickest direct link to determine his ICE hold or not. 

In terms of holds, he most likely will be deported unless his public defender figures out a way to stop the deportation from INS. 

HS 11378 is: 11378.  Except as otherwise provided in Article  7 (commencing with
Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses for sale any controlled
substance which is (1) classified in Schedule III, IV, or V and which
is not a narcotic drug, except subdivision (g) of Section 11056, (2)
specified in subdivision (d) of Section 11054, except paragraphs
(13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3)
specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (5) specified in subdivision (d), (e), or (f), except
paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of
paragraph (2) of subdivision (f), of Section 11055, shall be punished
by imprisonment in the state prison.


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