What Does the Government Have to Prove in Order to Keep Me in Immigration Detention Without Bond?

The Immigration and Nationality Act (INA) provides for mandatory detention without bond for immigrants who have committed certain crimes. These crimes include various offenses, including serious crimes classified as aggravated felonies and misdemeanor crimes that involve moral turpitude. An aggravated felony typically, but not always, carries a sentence of incarceration of one year or more. A crime involving moral turpitude, however, can be a low-level misdemeanor crime with a punishment of less than one year in jail or even no jail time at all. Even simple possession of a controlled substance requires mandatory detention. As a result, it is not only immigrants with serious criminal histories who may be ineligible for bond based on the INA. The commission of one of the crimes listed in the INA is sufficient to hold the immigrant without bond. It is irrelevant whether the immigrant was found guilty of the crime by judge or jury, or if he or she accepted a plea bargain regarding the crime. Additionally, the immigrant must show that he or she is not a danger to the community and is likely to appear at future court hearings. Immigration and Customs Enforcement (ICE) will consider a number of different factors in deciding whether the immigrant should be held without bond. These factors include the presence of local family ties, involvement in community organizations, financial ability to post a bond, how he or she entered the U.S., the length of his or her residency in the U.S., prior arrests and criminal convictions, involvement in subversive actions, and his or her past history of appearing at court hearings as scheduled. The other ground for mandatory detention is the situation in which an immigrant has re-entered the country following a final order of detention. In other words, ICE will not set a bond for someone who has illegally entered the U.S. more than once. Landerholm Immigration, A.P.C. is an Oakland immigration law firm who has dedicated their practice to protecting the interests of immigrants who are seeking to remain in the U.S. and facing potential deportation, no matter what the situation may be. We are prepared to build the strongest case possible in order to defend you against deportation. Contact us today to set up your legal consultation and discover what assistance we can offer to you and your family.