Information on Release from Detention

| No Comments | No TrackBacks

The detention process can often be the most confusing and troubling facet of our immigration system.  In many cases, aliens are taken into custody on immigration charges and have little knowledge of their rights or how they can secure their release from custody.  If you or a loved one find yourself in a situation where you are being detained on immigration charges, it is important to have a basic understanding of the immigration bond system.

DHS can detain an alien if they are a citizen of another country who does not have the right to be in the U.S.  Certain aliens are subject to mandatory detention and can't be released on bond.  Aliens in that group include those who were convicted of a removable offense and terrorism suspects among others.  Aliens that are eligible for release on bond are generally those who have overstayed visas, missed deadlines in filing applications or violated the terms of their visas.   

When an alien is taken into detention, it is required that he/she be given a document called a notice to appear (NTA) within 48 hours.  This document should provide the charges against the alien and the facts in support of those charges.  At some point soon after being taken into custody, a detention officer should be assigned to the alien.  The detention officer is an important person in this process, as he/she has the discretion to release the alien on their own recognizance without setting a bond amount.  Initially, there are two ways to secure the release of an alien.  The first way would be by persuading the dentention officer to release the alien, which would involve a demonstration that the alien is not a risk to society and that the alien is likely to appear at future hearings.  The second option would be to pay the initial bond amount, which also should be set some time shortly after detention.  The minimum amount that can be set is $1,500.   

If you are unable to secure the release of the alien through the detention officer, and unwilling to pay the initial bond amount, then a bond redetermination hearing can be requested.  The request, and documents in support of the request, should be sent to the immigration court with jurisdiction over the alien in detention.   At this hearing, evidence should be presented showing that the alien is not a threat to society, and is likely to appear at future immigration proceedings.  Examples of valuable types of evidence are letters from friends and relatives, proof that the alien has a history of appearing at prior immigration proceedings, demonstrations of community involvement and any documents that tend to show good character on the part of the alien. 

If you or a relative of yours has been detained and is eligible for release, please contact the law firm of Portner & Shure for more information. 

No TrackBacks

TrackBack URL: http://mt.portnerandshure.com/cgi-bin/mt/mt-tb.cgi/275

Leave a comment

About this Entry

This page contains a single entry by Jonathan Portner published on June 11, 2009 2:39 PM.

Immigration and Unemployment Rates continued was the previous entry in this blog.

Status of the Illegal Immigrants Right to Obtain a License in Maryland is the next entry in this blog.

Find recent content on the main index or look in the archives to find all content.

Pages

Powered by Movable Type 5.02