No, but some people can request an international transfer. Otherwise, if you are still in prison, several things may happen to you:
- Detainer. Immigration may put a detainer on you so that when you finish your sentence you will likely be moved to ICE custody, perhaps in another jail, for your immigration case.
- Immigration Hearing in Prison. Immigration may start a deportation case against you while you are still in prison. You have the same rights at that hearing as you have in Immigration Court. The hearing may happen in prison or through a video screen where the judge is in the court and you are still in prison. You and the judge will be able to see and hear each other through the screen. It is also possible that Immigration will try to have the hearing over the telephone without the screen. You would only be able to hear, but not see, the judge. You can ask for a hearing in Immigration Court that is not over the telephone. You can also ask for a hearing in court that is not over the video screen, but you have to explain how that causes problems for you in presenting your case.
- No Immigration Hearing At All. The government may try to deport you from the U.S. without any hearing at all. This can happen to people who are not lawful permanent residents (who never had a green card) with an aggravated felony conviction. 8 U.S.C. §1228(b). An aggravated felony includes many crimes, such as drug trafficking, some crimes of violence, some theft crimes, and murder.
To do this, the government must give you a special notice showing that your criminal conviction is an aggravated felony and that you are not a lawful permanent resident. Answer a notice in writing from Immigration and let Immigration know if:
- You have your green card (send proof, such as a copy); or
- Your conviction is not an aggravated felony; or
- Your conviction is on appeal; or
- You fear harm if forced to go back to your country. If you fear harm, check the box to apply for withholding of removal or protection under the Torture Convention.