RELEASE FROM IMMIGRATION CUSTODY
GETTING OUT OF JAIL
Attorney Daniel M. Pell, has extensive experience in obtaining release of persons who are detained by USICE, while their removal proceedings(the legal action taken by US Immigration & Customs Enforcement to obtain an Order of Removal against a non-citizen, and then to physically remove and deport the person from the United States).
Immigration Judge Bonds
The Immigration Judge has authority in most cases, BUT NOT ALL CASES, to release a non-citizen in removal proceedings from USICE custody. If a person has entered the United States, s/he is usually eligible for a bond(the legal obligation evidenced by a written promise, and an amount of money a US citizen or a Lawful Permanent Resident(LPR) must pay to obtain release from custody).
Immigration Bonds vary in amount from $1500.00(the lowest amount permitted by Regulation) to well over $50,000.00. The average bond amount ranges between $2500-$30,000.00.
The three(3) main factors which an Immigration Judge considers on the issue of bond are:
Does the person have a viable defense from removal,
Does the person present a risk of flight if given bond,
Does the person present a risk to others in the community.
As in defense of removal, it is important to gather evidence, secure a person to pay the bond(who must be either a US citizen or green card holder), establish the financial ability
of the person posting bond to pay that bond, in order to help establish the bond amount(the person posting bond is called a “surety”), and to establish that the non-citizen the government seeks to remove and deport is worthy of a bond, will appear as required, and will not harm people if s/he is permitted to re-enter the community.
Release on Parole
USICE Deportation and Detention Officers have the authority to release non-citizens who are placed into removal proceedings on Parole. Parole, in the context of removal proceedings, means, release by an Immigration Officer(usually the Field Office Director, or an Assistant Field Office Director). Usually, an application is made by a person, requesting release because that person does not qualify for an Immigration Judge Bond, because of a certain type of criminal conviction that prevents the person from receiving an Immigration Judge Bond, or because the person has not “entered” the United States(for example, persons who appear at a Port of Entry of the United States, and request protection in the form of asylum, withholding of removal or withholding of removal under the United Nations Convention Against Torture, have not “entered” the United States, and are only allowed in until their Applications for Asylum, Withholding of Removal, or Withholding of Removal under the UNCAT have been decided by an Immigration Judge or on appeal). In such case, the person can be released by USICE on parole if the person can demonstrate an urgent humanitarian need, or a public benefit will be conferred by that person’s release from custody. Needless to say, release on parole while occurring is far less frequent than is release on an Immigration Judge’s Order granting a bond.
Release ordered by a United States district court judge
Federal habeas corpus actions
Non-citizens, who are in removal proceedings, who have been detained in USICE custody for
longer than 6 months, may qualify for release by a United States District Court Judge, after
that Judge considers whether or not the person qualifies for a bond or release on parole
by an Immigration Judge, and the specific reason(s) why the person has not been released.
The request for release is made to a U.S. Judge and to the United States District Judge where
person is being held in custody. Federal Court actions are complex, and the assistance of counsel is strongly advised. Attorney Daniel M. Pell, has extensive experience in the preparation, filing, and litigation of habeas corpus actions brought on behalf of USICE Detainees. Attorney Daniel Pell is not licensed in every U.S. District Court in the United States, but can obtain permission to practice in any Federal Court by permission of the Judge presiding over the case.
Phone Consultations with Attorney Daniel M. Pell
Attorney Pell will conduct over the phone consultations at the rate of $250.00 for a 30 minute consultation. The $250.00 consultation fee must be fully paid in advance. The client must agree in writing, prior to the consultation, that phone consultation fee is earned when received, and is non-refundable under any circumstance.
Toll Free: 877-745-8341, Local: (717) 843-7801
In- Person Consultations with Attorney Daniel M. Pell
Some clients prefer to consult with Attorney Pell in person at his office or at remote locations convenient to the client. These consultations must be arranged with Attorney Pell’s Office, and any fees paid at least 48 hours prior to the in-person consultation. The fees for these consultations will vary with location, duration, and complexity, and the amount of each such consultation will be set by Attorney Pell depending upon the above factors.