Have You Been Arrested Or Released From Jail Recently?
Recent changes in Immigration policies make mandatory detention
much more likely for Visa holders and Lawful Permanent Residents.
If you have been recently arrested or have been released from prison after October 8, 1998, you may be a candidate for mandatory detention. Immigration and Customs Enforcement (ICE) may arrest and hold you in an Immigration Detention Facility based on the criminal charge. This may happen even if you served a minimal amount of time in jail. The key element is that the criminal charge, arrest, or release from custody have occurred after October 8, 1998.
On March 21, 2007, in Matter of KOTLIAR-, 24 I&N Dec. 124 (BIA 2007), the Board of Immigration Appeals ruled on the topic of mandatory detention during a bond re-determination hearing. The Board of Immigration Appeals (BIA) is the governmental body having jurisdiction over appeals submitted by detainees and respondents who have been ordered deported by an Immigration Judge during removal proceedings.
According to the BIA, its ruling is consistent with the concern from Congress that criminal aliens will continue to commit crimes and not appear at the removal hearings. It is important to note that the alien is able to request release and bond in front of an Immigration Judge where the grounds for detention are not included in the charging document from the Department of Homeland Security.
Based on the BIAís recent ruling, an alien who has been apprehended from home while on probation for a criminal conviction is subject to mandatory detention. The individual is to be mandatorily detained by ICE regardless of the reason for the criminal custody or arrest. He or she can be subject to mandatory detention as long as the arrest or the release occurred after October 8, 1998. This recent ruling came about as a result of an appeal from an individual who entered the United States as a visitor and stayed for longer than authorized, who had been convicted of several crimes. According to the BIAís ruling, individuals having served time in jail or on probation are subject to mandatory detention. Even an individual who has been arrested before a conviction is given may be subject to mandatory detention for immigration purposes. It is important to note that even if the arrest was based on a crime that is not the grounds for your charges of deportation, you may still be subject to mandatory detention.
An individual can appeal a final order of deportation by the Immigration Judge to the BIA. In some cases, the individual can even appeal to the Circuit Court having jurisdiction over the case. In general, the BIA is the last governmental body to review the individualís case. Hence, the decision by the BIA is the final say on whether the individual appealing is able to stay in the United States or is to be deported.
If you have been arrested or released from probation, parole, or incarceration recently, you might be subject to mandatory detention. Feel free to contact an attorney at Immigration
Legal Experts, Inc. at 1-866-482-VISA (8472) to find out more information. Initial Legal Consultation is FREE. Also visit Immigration Legal Experts, Inc.
on the web.