DEPORTATION AND REMOVAL DEFENSE

Our Law office has successfully released many persons from Immigration Custody on bond or parole. To get Immigration Bond, you must have somebody either US citizen or Permanent Resident as your sponsor and you must prove to the Judge that you are not a flight risk or danger to others in the United States. Besides that, you must have certain legal basis to remain in the United States, such basis might be: 

  • (1) Cancellation of removal for permanent residents;
  • (2) Cancellation of removal for non-permanent residents;
  • (3) Adjustment of status to permanent residence;
  • (4) Asylum, withholding of removal and UN Convention against Torture; and
  • (5) Waivers of inadmissibility and deportability.

The government will typically detain an immigrant because it believes either that he or she is a “flight risk” and may move to another location within the U.S. or that he or she poses a public safety threat. Detention allows the government to secure an immigrant’s appearance before the Immigration Court. There are many reasons why someone can be detained by the Department of Homeland Security (DHS) and its enforcement arm, Immigration and Customs Enforcement (ICE). These include, but are not limited to the person having:

  • committed a crime, or multiple crimes
  • arrived at the border without a visa prior to formally applying for asylum or refugee status
  • an outstanding removal (deportation) order on record, either pending or past due, and
  • missed prior immigration hearing dates.

If your friend or loved one has been detained, we may pursue the following possible relief to get them out of the custody:

  1. Bond hearing: Not everyone is entitled or eligible for release on bond. Except the aliens under the Mandatory detention pursuant to INA 236, all other alien detainee is entitled to a bond hearing to determine whether the detainee can be released. At the hearing, the immigration judge may either find that the detainee is subject to mandatory detention, or that the detainee can be released on a bond. The purpose of Bond is to guarantee that the detainee will show up for future court dates and obey whatever order the judge ultimately issues. The money will be returned if the detainee follows through – or forfeited if he or she does flee. If the judge finds that the detainee should be released, he or she will set a bond amount that must be paid before release. As of early 2013, the minimum bond amount is $1,500, but it can go much higher than that, up to $20,000 or more. If you are planning to pay this on the detainee’s behalf, you will need to have legal status in the U.S. and bring photo identification. You may also need to arrange for the person’s pickup — not all detention centers will give them a ride to the nearest bus station or airport.
  2. Parole: Although arriving aliens are nearly always detained by ICE upon arriving, those arriving aliens who pass their credible fear interview may request to be paroled from detention. To request parole,  the person must submit to ICE evidence establishing 1) their identity, 2) that they present no flight risk (i.e. they will show up to all immigration court dates), 3) that they are not a danger to the community, and 4) that other factors weigh in favor of his being released on parole. ICE Form 71-012 lists various types of evidence that arriving aliens may use to demonstrate that they qualify for parole under these factors. Most commonly, ICE expects a passport or other government issued identity card, a notarized, sworn affidavit from a United States Citizen, and a bill or a piece of mail that lists the United State’s Citizen’s name and address.  Even if a person is able to provide ICE with this evidence, ICE may still deny the parole request. For some arriving aliens, ICE may agree to parole the person only after they have paid a certain amount of money, which can sometimes be thousands of dollars.

The Immigration regulations describe following 5 types of alien may be eligible to release on Parole on the condition that they will not pose any threat to the public safety in the United States:

  1. Aliens who have serious medical condition where continued detention would be inappropriate
  2. Pregnant woman
  3. Certain Juveniles
  4. Aliens who will be witness in the proceedings being conducted in the administrative, judicial or legislative bodies in the United States
  5. Aliens whose continued detention is not in the public interest.Order of Supervision: Orders of Supervision are normally used in cases in which ICE cannot yet carry out the proposed deportation and does not wish to hold the individual in custody. Very often, the decision to issue an Order of Supervision is based on some type of humanitarian grounds, such as if the person is a breastfeeding mother, is seriously ill, or is the sole caregiver for children who are U.S. citizens. While the order is in effect, it is necessary to report in with the Enforcement and Removal Operations office on a regular basis in order to provide evidence that the person is actively working on obtaining a valid passport and a plane ticket for travel back to the country of origin.

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