If you or a loved one has been placed in immigration detention it is imperative that you consult with an immigration attorney as soon as possible. There are certain facts that your attorney must promptly ascertain, including when, why and where your loved one was detained.
An immigrant’s detention by immigration authorities usually corresponds with the individual being placed in removal proceedings shortly thereafter. As such, a detained individual and his attorney will have to argue his case while the person is in the custody of Immigration and Customs Enforcement, or ICE. Immigration Court cases for detained persons typically proceed on an expedited basis, meaning that there is a short timeframe in which your attorney must prepare and argue the case before the Immigration Judge issues a ruling.
However, as part of the initial case assessment, your attorney must determine if your loved one can be released from detention so that he may argue his Immigration Court case while he is free and reunited with family. This process requires that your attorney communicate with ICE to try to negotiate a release on the client’s own recognizance, or by the posting of a bond. However, if ICE does not agree to a release from detention your attorney must then request that your loved one be released on a reasonable bond amount directly from the Immigration Court. This process involves a formal hearing in which the Immigration Judge hears arguments and considers evidence from your attorney and from ICE’s attorney. Thus, your attorney must be competent and well versed in immigration law, specifically concerning bond hearings.
Contact the Franco Law Group today to schedule an appointment to discuss your loved one’s immigration detention. Our attorneys are knowledgeable and experienced in representing detained clients in bond hearings. Whether your loved one is released or remains in detention, he or she will likely have to proceed with his primary removal case. For more information regarding this stage of the case, see our website section on Immigration Court Representation (EOIR).