Daniel M.Pell: Immigration & State and Federal Trial Practice.
The United States Department of Homeland Security has authority to arrest and detain non-citizens whom it believes are illegally in the United States and are subject to legal proceedings to remove/deport such persons from the United States.
The Department of Homeland Security acts through the Bureau of Immigration and Customs Enforcement(USICE or ICE). USICE agents act on tips from individuals and sometimes conduct workplace raids to interview and if necessary arrest and detain such persons.
Sometimes USICE Agents arrest non-citizens who are already in prison serving sentences arising out of criminal convictions. USICE has an in-prison program for both Federal and State non-citizen prisoners. They are generally served with papers by USICE seeking to deport them while they are still in prison. Sometimes, however, USICE files a detainer(a legal document ) with the Warden of the prison where the non-citizen is serving his or her prison sentence, which holds the non-citizen until after his or her sentence is finished, so that USICE Agents can pick up the non-citizen and transport him or her to a USICE facility or to a County Prison for further removal proceedings. No matter what the basis of the arrest and detention of non-citizens by USICE Agents may be, the result is that the person is served with a legal document
called a Notice To Appear which details the government’s position as to why the non-citizen should be removed/deported from the United States.
The non-citizen has the right to apply for bond before the Immigration Judge who will preside over the case. Certain offenses, such as drug offenses or theft offenses will prevent the non-citizen from qualifying for a bond. The first question for any non-citizen(alien) in proceedings to remove/deport him or her from the United States is whether the non-citizen is ‘bond eligible.’ If the Immigration Judge determines that the person is bond eligible, the Immigration Judge will proceed to consider what amount of bond will assure the person’s appearance in Court if released from USICE custody. The Immigration Judge will consider such things as prior criminal record, whether the non-citizen has any relief from removal(whether or not he or she will likely be able to stay in the United States), whether the person is a threat to the community, whether the person has significant contacts with the community(usually family), whether the person has a job and is working legally, whether the person is of good moral character, has or has not paid U.S. taxes, and other factors which make the person a good or poor bond risk.
- State and Federal Trial Practice
2550 Kingston Rd #305
East York, PA 17402
- (717) 843-7801
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- Visas, Naturalization, Green Card
Practice limited to Immigration Law
3019 Brighton 1st street
Brooklyn, NY, 11235
- (718) 701-8333
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