Blog Post

When Your Loved One Is Detained!

noreply • Jun 23, 2015
What are the reasons a person is detained?
A person can be detained by immigration because they (1) have a prior order of removal or deportation; (2) they committed a crime that requires mandatory detention; or (3) they are recently entering the country.
Prior Order of Removal or Deportation
When a person has a prior order, time is of the essence. Why? Because you only have a two to three hour window to stop their deportation. If a person has a prior order, I.C.E. (immigration) can "reinstate" their prior order. By reinstating the prior order, I.C.E. doesn't need to send a person before a judge. They can just deport the person.
If you are in Southern California, your family member will be sent to 300 North Los Angeles, in Los Angeles. They will be put in the basement, called B-18.
You have to file a "stay of deportation." An attorney can do this for you. You need: (1) proof your family member has U.S. citizen/Legal Resident children, parents, friends, family members; (2) you need to prove that they need to remain because it will make life difficult for those people; (3) you need to bring anything good about your family member to show they deserve to stay so that they can work on their case.
Another option is a stay of deportation from the 9th Circuit Court of Appeals. However, in order to file this type of stay, your loved one has to have suffered a violation of their right.
Simply put: hire an attorney as soon as your loved one is detained. Waiting until after 3:00 p.m. hurts your family member because immigration offices close, and that means options close.
Mandatory Detention

Some crimes require that a person be detained by ICE for a six month period before a Court can do a bond hearing. Such crimes are usually domestic violence, weapons, violent crimes, drug related crimes. Usually, the person is detained after being in jail. Sometimes, a person is lucky and I.C.E. doesn't detain them. It's best to assume a serious crime will result in detention.
Only an attorney can advise you of your options.
Recently Entered the Country
If your family member recently entered the country and has a claim to asylum, or another claim immigration deems merits seeing a judge, they will be detained. Usually, a person has to wait six months before they can request a bond hearing. In some cases, the ICE officer will give them parole and allow them to go to their family.
Important Note About Asylum
An undocumented person only has one (1) year from the date that they enter the country to file for asylum. There are some exceptions, but they are difficult to overcome.
Make sure to file an asylum claim within one year of entry.
Deportation Proceedings While In Detention
When a person is detained due to a crime, or recently entering the country, they must remain in jail for six months before they can request a bond hearing. This hearing is called a "Rodriguez Bond Hearing." Typically, a deportation case while a person is in detention goes fast. It's important to work with an attorney, and provide any evidence necessary in order to fight a deportation case.
To sum it up:
If your client has a prior order of deportation, has been deported in the past, or has been removed - call an attorney as soon as possible. The time period to stop a deportation is very short.
For detained clients in immigration proceedings, work with your attorney to collect evidence and fight your case.

© Attorney B; 2015

Written by Noreen L. Barcena, Esq.

www.attorneyb.com



This is for Information Purposes Only. It is not to be used in the place of a consult with an attorney

Information applies to CA, and 9th Circuit.

Share this post

Share by: