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  1. #1
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: False Imprisonment Lawsuit (Help)

    You have grounds to appear in front of an ICE judge and be deported. Appear and where they find you they will continue with the proceedings.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: False Imprisonment Lawsuit (Help)

    Quote Quoting Disagreeable
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    You have grounds to appear in front of an ICE judge and be deported. Appear and where they find you they will continue with the proceedings.

    I'm not missing anything, right? Does it read the same to you as for me?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Suing for False Imprisonment

    Quote Quoting Zhin Saeyang
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    Before I share my story I was wondering if I had strong standings for a lawsuit and if I do...how would I go about it?
    Even if we assumed that you had a plausible lawsuit, you won't be in the United States to pursue your claim. Trying to litigate such a case from another country would be cumbersome and more than most lawyers would be interested in attempting, absent facts and damages much more compelling than yours.

    Who do you plan to sue? The judge who issued the warrant on your probation violation is shielded by absolute judicial immunity, and the prosecutor is shielded by prosecutorial immunity. You've given us no information suggesting that your probation officer knew why you did not appear. Your belief that somebody associated with the county should have figured out that they needed to send information to somebody else, and that the communication did not occur, being duly noted, who do you believe those people to be and how do you propose that the error would support a civil rights case?
    Quote Quoting Zhin Saeyang
    I served my time and on the day i got released from state prison ICE came and got me (that very same day while i was still in chains/custody).
    48 hours later...a warrant was issued for my arrest "failure to appear" (to report to parole in person).
    Mistakes happen.
    Quote Quoting Zhin Saeyang
    ...remember the warrant was issued for "failure to appear/report to parole after being released from state prison"
    ...i was still in custody. It was not possible for me to report in person no matter how much i wanted to.
    It is not a violation of your civil rights to be wanted in another county. It is within your power to notify the court in the other county of your location, and to petition for habeas corpus to try to have yourself taken to the court.
    Quote Quoting Zhin Saeyang
    My next court date came...i went and they tried to make me plea guilty to "failure to appear/report in person" after my release from state prison.
    I told them i wasn't going to plea guilty. You guys knew of my whereabouts. I am going to plea not guilty.
    So you chose to take your probation violation to hearing? That's your right.
    Quote Quoting Zhin Saeyang
    ...and they had over 3 months to fix the mistake/error (warrant), but they choose not too or ?
    You asked for a hearing. They scheduled a hearing. The fact that it took three months being duly noted, sometimes courts are busy. Had you not been subject to a removal order you might have been able to secure bond; you haven't indicated whether you asked for a bond.
    Quote Quoting Zhin Saeyang
    Anyways...I was found innocence and got released.
    That's what happens when you are charged with an offense, are held without bond (due to your criminal and immigration history) or don't post bond, and are acquitted after a hearing. That's not a civil rights violation.

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