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Detained Persons

Detained by Immigration?

 

We understand that having a family member or a friend detained by immigration is an anguishing experience. Under the current administration, the detainment of illegal immigrants and deportation (removal)proceedings are more prevalent than ever before. The Law Offices of Luis Mariano Garcia gives these cases top priority. Whether he or she is detained at Krome in Miami, FLORIDA, Broward Transitional Center (BTC) Pompano Beach, FL, Glades (Moore Haven, FL) or Monroe County, FL, we will see to it that the detainee is personally visited and his or her case reviewed extensively to attempt a prompt bond release.  Getting a person released from an immigration detention facility is a complicated matter. As a matter of fact, it can be more complicated than having an individual released from a state jail when he or she is facing criminal charges. However, if your loved one has been detained by ICE, do not assume that there is nothing you can do for him or her, and most of all do not lose hope. Every situation is unique, and representatives at the Law Office of Luis Mariano Garcia know this which is why they analyze each case individually, as one size does not fit all. However, the first step in the process of release from a detention facility is understanding which rights you do and do not have.

What are your rights?

immigrants who are arrested or detained by the Department of Homeland Security, ICE or CBP have certain rights.  These rights, however, differ depending on whether he or she is detained at an airport, at a border, or anywhere else. If you or someone you know is arrested at their place of employment, home, or on the street it is important he or she remain calm and remember their rights which include:

*The right to remain silent. Ask to speak to an attorney

*Under NO circumstance should you sign anything without first speaking to an attorney

*Possible documents you may be asked to sign include:

“voluntary departure” (agreeing to leave the United States on your own free will).  Voluntary departure means that you agree to leave the United States, without the right to a hearing and possibly relinquishing the opportunity to return to the U.S.

“stipulated order of removal” this means you waive your right to have your case presented before a judge and serves as a FINAL order of removal, signed by a judge

Do not expect immigration agents to explain your rights to you, as they are not required to do so. Be sure to write down the name and phone number of the deportation officer assigned to your case and your A# (Alien Number).  The A# is the number assigned to the individual by immigration.

If you are detained, you do have the right to call an attorney. However, the government will neither pay for your attorney, nor will they assign you one.  If you are set to appear before an immigration judge and have not yet spoken to an attorney, you may ask the judge for more time to find legal representation.

You have the right to contact your consulate. The jail cells should post a list of the consulate phone numbers, and they may be able to help you find an attorney.

 

When detained, the Department of Homeland Security/ICE must decide within 48 hours how they are going to handle your case. They must decide whether they are going to place you in immigration proceedings (you will go before a judge), whether to keep you in custody, or release you on bond. After 72 hours, the Department of Homeland Security will give you a Notice to Appear (NTA) which provides you with the information about your hearing before a judge. In most cases, you have the right to be released by paying a bond, or to ask for a bond hearing. A bond can be set either by either by ICE or by an immigration judge. For instance, if a bond is set at $5,000 and this amount is posted at one of the detention facilities, then the detainee will be released. The purpose of the ‘bond” is to guarantee that you will return for your future court hearings. However, if the detainee does not return, the person who posted the bond will lose their money. If the ex- detainee appears in ALL court hearings, the money is returned. Missing just one hearing forfeits the bond money completely. It is also important to keep in mind that the judge may deny the bond if he or she feels you will not show up for the hearing, or are a danger to others (or have a serious criminal history).  Regardless, the request for a bond is usually the fastest way a detainee can be released. Once a bond hearing is requested, the immigration court will set a date for the bond hearing. The judge will evaluate the case, and analyze the evidence set forth by both parties. Among the factors the judge will consider are the detainee’s family ties as well as his or her ties to the community, sponsorship, the seriousness of the detainee’s criminal history, financial stability which includes income and history of paying his or her income tax, and length of time residing in the United States.  The judge will also consider the detainee’s history of immigration violations and the history of attending court hearings.

Important Things to Keep in Mind

If you complained about poor working conditions, and feel your superiors reported you to the Department of Homeland Security for this reason, it is important you let your attorney know as you may be able to file a complaint against the company.

If you are released on bond and MUST leave the United States, do not do so until you speak to your attorney. If you leave, you may be arrested when you try to return or denied entrance to the U.S. for a certain amount of years.

If you are afraid to return to your country of origin, notify your deportation officer immediately as you may be eligible to file for political asylum.


Once You Find Legal Representation

It is crucial that you tell your attorney the truth about your case, including any prior arrests and/or convictions as this is the only way your attorney can offer you the best possible legal counsel.  When a loved one has been detained by ICE, communication may be difficult. Hiring an experienced attorney like Luis Mariano Garcia can help you find the detainee’s deportation officer who may refuse to speak to you. With the help of the attorney, the lines of communication will open, and you will have more information about the status of your loved one’s immigration proceedings.