About Detention Cases
There are two types of immigration detention cases: (1) arriving aliens; and (2) aliens present in the United States.
There are different procedures for each type of immigration detention case. An arriving alien is someone who is stopped at a port of entry and is seeking to be admitted to the United States, but is deemed to be inadmissible. Arriving aliens are not entitled to bond hearings before Immigration Judges.
However, arriving aliens that are detained can be released through a procedure called “parole.” Parole is done by writing to the Field Office Director of the Local Office of the Immigration and Customs Enforcement.
The request needs to explain that the detained person is: (1) not a flight risk; (2) not a danger to the community; and (3) that the person’s release would be in the public interest.
For non-citizens that are physically present in the United States, they can apply for a bond hearing before an Immigration Judge. Under the Immigration and Nationality Act, certain types of criminal convictions can prevent an Immigration Judge from granting bond to a non-citizen. This is referred to as “mandatory detention.”
If you are eligible for bond, then you must show that you are not a flight risk or danger to the community. Documentary evidence of this should be submitted to the Immigration Judge.
Immigration Judges have different procedures for conducting bond hearings. Some Immigration Judges take testimony from the detainee and the detainee’s witnesses at bond hearings.
Some Immigration Judges merely rely upon a “proffer” from the detainee’s lawyer – the Immigration Judge asks the lawyer to present an argument why the detainee should be released on bond and what amount bond should be set at.
Unfortunately, many non-citizens that are detained cannot get released. In this case, they must fight their removal case while they are detained.
Why You Should Hire Me to Handle Your Detention Case
I have worked on detention cases throughout my career as an immigration lawyer.
I have done numerous bond hearing and parole requests.
I have also done numerous petitions for habeas corpus challenging illegal detention in the federal courts.
Doing bond hearings requires good litigation skills. Doing parole requests requires strong writing skills.
I also have experience representing detained individuals that are not eligible for release in immigration court.
Immigration detention cases are more difficult to prepare than non-detained immigration court cases because the immigration courts expedite the scheduling of detained cases, so that there is less time to prepare detained cases.
Detention cases are also more difficult to prepare because the client is detained.
I personally go to the detention facility to meet with my detained clients to prepare their cases.