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.
Categories:
As of February 2021, we are open again and accepting in-office consultations.
If you want to know more about the Biden's Proposed Immigration Reform, watch our video!