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.
Categories:
Starting June 1, 2020, we are open for in-person consultations! We have social distancing protocols in place to keep everyone safe.
Please DOWNLOAD our FREE GUIDE for Immigrants to THRIVE during the COVID-19 Pandemic ( English / Español )!