Friend Currently Detained By Ice – Voluntary Departure, 90-day Timeline, And Possibility Of An Earlier Hearing?

Location: Michigan

I’m looking for some guidance regarding a friend who is currently being held in ICE custody. He has an immigration court hearing scheduled for November 16, 2026.

After speaking with him, I suggested that he consider requesting voluntary departure, as he no longer wishes to remain in the United States and would prefer to return to his home country (Pakistan). He is also willing and financially able to cover his own travel expenses, including purchasing his flight ticket.

He mentioned that if the immigration judge approves voluntary departure, he may be given up to 90 days to leave the country. However, I’m unclear about how this process works for someone who is already detained.

I would appreciate some clarification on the following questions:

1. Voluntary Departure: Can someone currently detained by ICE request voluntary departure directly from the immigration judge at their hearing?

2. Release From Custody: If the judge approves voluntary departure and grants a certain number of days to leave, does that mean ICE will release him from detention so he can arrange his own travel? Or would he remain in custody until his departure?

3. Departure Timeline: Assuming his request is approved and he can pay for his own flight, how quickly could he realistically return to Pakistan? Could he leave within a few days, or does ICE have a separate process that could delay his departure?

4. 90-Day Period: He mentioned having 90 days to depart if approved. Does this timeframe apply to individuals already in ICE detention, or are the rules different?

5. Earlier Court Hearing: His hearing is currently scheduled for November 16. Is there any way to request an earlier hearing, potentially sometime next week, if his intention is simply to request voluntary departure rather than contest his immigration case?

6. Legal Representation: As far as I know, he does not currently have an immigration attorney. I understand that immigration courts generally do not provide free attorneys automatically. Are there any legal assistance programs available to ICE detainees that could help him with this process?

Ultimately, his goal is to return to Pakistan voluntarily, as soon as legally possible, without unnecessarily prolonging his detention.

I’m particularly interested in hearing from immigration attorneys or anyone who has firsthand experience with voluntary departure while in ICE custody.

Any guidance regarding the process, expected timeline, or steps he should take before his hearing would be greatly appreciated.

Thank you in advance!