When someone is detained by immigration, it's important to act quickly and determine what options they might have available. For detention resulting from criminal arrest, it's especially important for immigrant detainees to have criminal counsel. They often also need an immigration attorney to determine their eligiblity for relief. When talking to an attorney, it's important to have certain imformation available:
- What is the person's full name, date of birth, and A-Number?
- When were they detained?
- Were they detained by the police or by immigration?
- Were they arrested for a criminal charge, and if so what was it?
- Where is the person currently located?
Often, it's necessary for an attorney to go and talk to the person at the jail or detention center and to start requesting records to determine any relief and options to stay in the United States. Detained cases can move very quickly with immigration. Often, people are deported within a few months of being arrested, even if it was simply for a traffic ticket.
Many detained immigrants are eligible to apply for a bond. Immigration bonds are expensive and they must be approved by an immigration judge, which can only be done once they are in immigration detention. Consult with an attorney before paying any other bonds, which might result in their being released to immigration and detained again immediately.
Other immigrants are not eligible for bond, but may be eligible for other benefits including parole, an order of supervision, or other relief before an immigration judge. An experienced immigration attorney can help determine what options are available and the likelihood of getting these kinds of benefits.
Recent News About Immigration Bonds and Detention
On March 18, the Board of Immigration Appeals (BIA) published a decision about the “flight risk” element of immigration bonds. BIA precedent requires that individuals demonstrate they are not a danger to the community nor a risk of flight for them to even be able to pay an immigration bond. Here, the BIA was addressing…
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