What Should I Do If My Family Member Is Detained?

In many cases, Immigration and Customs Enforcement (ICE) will detain a non-citizen after law enforcement officials have encountered the individual and become aware of his or her illegal immigration status. Another common source of detention is individuals who are arrested at the border trying to illegally enter the country. However, ICE also can detain non-citizens whom they have determined to be a flight risk, a risk to national security, or a threat to public safety. If a loved one has been detained by ICE, it is essential that you determine the nature of his or her detention, because it can directly impact your ability to get your family member released from detention. Some individuals who have been detained by ICE may be released upon the payment of a monetary bond, which ensures that the individual will appear at his or her immigration hearing as scheduled. Other non-citizens, however, are not eligible for bail. For example, an arriving alien, such an individual who was apprehended at the border seeking admission, is not legally entitled to pay a bond in exchange for his or her relief. Other individuals may be subject to “mandatory detention”, such as those who have committed certain types of serious crimes. These individuals also will not be eligible for bond. You also should keep in mind that your detained family member may or may not see a judge before being deported. An individual who has been previously deported may not be eligible to have a hearing before an immigration judge. In these cases, it is essential that you move quickly and contact a qualified California immigration attorney in order to determine if there are any defenses available to the deportation. If your family member is detained and facing removal charges, you undoubtedly are facing the potential for your family and home to be indefinitely separated. The prospect of removal for any individual in this situation is horrifying, especially if the only life that you have known for years is in the United States with your family. Returning to your native country, where you left behind violence and poverty, is likely to be very traumatic, especially due to the loss of your family. Our goal at Landerholm Immigration, A.P.C., is to avoid the removal of you or your family member through a strong legal defense. Call us today at (510) 491-0291 or contact us online in order to schedule a consultation with one of our skilled and experienced deportation defense attorneys. Para Espanol haz click aqui!

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