How Do I Know if I am Subject to Mandatory Detention?

When Immigration and Customs Enforcement (ICE) takes a noncitizen into custody, the deportation officer must determine whether the immigrant can post bond and get out of the detention center in which he or she is being held. Bond is a certain amount of money that a friend or relative can pay on behalf of the detained person in order to allow him or her to be released from custody and return home for the rest of the immigration court proceedings. Some noncitizens, however, are not eligible to post a bond and be released from detention by ICE. This is referred to as mandatory detention. If you are incarcerated for certain criminal offenses, the law requires law enforcement authorities to turn you over to ICE for detention. In this case, you are subject to mandatory detention, which means that you will remain in detention during your removal proceedings. Neither an immigration judge nor ICE will consider allowing you to post a bond and be released from detention. There are typically no exceptions to mandatory detention; your immigration status or personal circumstances will not affect someone who is mandatorily detained. Mandatory detention always arises as a result of an individual committing a criminal offense. The types of crimes that trigger mandatory detention may include crimes of moral turpitude, multiple criminal convictions, aggravated felonies, controlled substance offenses, certain firearms offenses, some prostitution-related offenses, terrorist activity, significant human trafficking, and money laundering. A criminal conviction is not required in all cases; even strong evidence that you committed one of these crimes can result in mandatory detention, depending on the circumstances. When you or a loved one is facing deportation, Landerholm Immigration, A.P.C. is here to help. Our California deportation defense lawyers care about your future, as well as that of your family. We want you to be able to remain in the U.S. with your family, enjoying the life that you have created. As a result, we will be at your side throughout all aspects of the removal process, and work closely with you to build the strongest possible deportation defense case. Call your Oakland immigration lawyer today and learn about the potential defenses to your removal charges.