Posted by: ScottMond Law Firm
June 04, 2013
Topic: Deportation & Detainment
Our law firm has seen a sharp rise in the amounts of litigation clients who are detained (especially for minor or serious traffic violations), had prior removal orders; and before they can retain an immigration lawyer to determine if they have any form of legal relief, they’re quickly taken by force or required to purchase an airline ticket to be removed under expedited removal procedures by Immigration authorities.
We are writing this short blog article to provide important steps to take when one is arrested by the State for a criminal charge such as a Driving under the influence of alcohol DUI/DWI), or petty larceny. The State often gives a bond, but a Federal Immigration Detainer is placed on the foreign national who may have entered legally or illegally and is out of status. Bond by the state is automatically blocked when a Detainer is placed on an individual. Here are some essential steps to consider if your or your loved one is detained:
1. Find an immigration attorney ASAP who will enter their appearance with ICE or ICE’s attorneys who may initiate expedited removal in a number of ways. An attorney has to move quickly to challenge the expedited removal or paper work signed by a scared foreign national who signs documents presented to them by ICE officers and under pressure sign for their own “expedited removal”.
2. If your attorney enters their appearance with ICE and no success, then an immediate escalation to file with U.S. Immigration Court is necessary.
3. A detained client should never state they do not have a credible or reasonable fear of returning home without fully understanding from their own attorney what this means.
4. Set up an expense account on behalf of a detained friend or family member so that the detained client and attorney can speak directly and not through family members only, as this weakens direct contact with client who is detained and needs to provide prompt communication with attorney
5. Some of the areas Immigration attorneys need to screen in order to determine urgent legal relief is as follows: NACARA, 245i, Derivate 245i, Derivative NACARA, Adjustment of Status, VAWA, U visa, Derivate Citizenship, Transitionary rules, Asylum/Withholding/CAT, TPS, and collateral attacks on state criminal convictions. Filing a Motion to Reopen and Stay of Removal is also essential in this type of situation. Also, ask your attorney to avoid and fight at all cost §238 of the Federal Immigration Regulations which strips the Immigration Court of any jurisdiction to help a detained client.
You may contact ScottMond Law Firm at [email protected] to set up a consultation. Also you may call us at our telephone number(s) conveniently listed at www.scottcclaw.com. We are standing by to assist you, or your family or friend who needs guidance with immigration consequences. We are a full service U.S. Immigration Law Firm.
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ScottMond Law Firm