Canadian citizen Justin Bieber was arrested early this morning for Driving Under the Influence, Driving with No Valid Driver’s License and Resisting Arrest. Not only will he face possible criminal sanctions, including the possibility of a jail sentence, he could also incur some negative immigration consequences. Driving with No Valid…
Articles Posted in Removal/Deportation
Federal Shutdown Impacts Removal Hearings
The Federal Government’s inability to create a budget has led to a streamlined Federal system during the past two weeks that includes dramatic reductions in the productivity of the Immigration Courts. The Immigration Court in Orlando is currently working with a skeleton crew. Only one Immigration Judge is currently hearing…
My Loved One is in ICE Custody on a Detainer. Now What?
So, your loved one has been arrested and for a criminal charge and ICE has placed a detainer on him. What happens now? Well, the immigration case will not start until the criminal case is over. ICE simply places a detainer on the individual, which means that once the criminal…
Know Your Right to Bond
This is a general outline that explains the law related to bond in immigration cases: A) GENERAL 1) Bond should be granted unless there is a finding that the individual is a) a threat to national security b) likely to abscond c) a poor bail risk. 2) Bond Procedure a)…
ICE Focusing on Immigrants With Criminal Records
The United States Immigration and Customs Enforcement (ICE) has increased their agents by 25% in an attempt to locate and deport immigrants with criminal convictions. Whether a lawful permanent resident, a visa holder, or an entry without inspection, ICE is looking for any non-U.S. citizen with a criminal record that…
Entitlement to Bond While Pending Criminal and Deportation Case
One of the most pressing issues for an alien charged with a crime is whether he or she can get out of custody during the pendency of the criminal and deportation case. Surprisingly, judges, prosecutors and defense attorneys that ordinarily practice in criminal courts often misunderstand the bonding issues as…
Orlando Immigration Court To Close While ICE Reviews Cases For Prosecutorial Discretion
The immigration court has suspended its cases in Orlando, as well as Seattle, New Orleans, and Detroit, as part of a pilot program to attempt to identify immigrants who pose a public safety risk and national security risk. This means that those immigrants in removal proceedings who ICE (Immigration and…
Florida Valedictorian Delays Deportation
A Florida high school student who has excelled in school, becoming the class valedictorian, was able to delay her removal from the country for two years. Unfortunately, she is no closer to gaining lawful status. Daniela Pelaez committed the unthinkable crime when she was brought here by her parents as…
U.S. Citizen Child Deported to Columbia
An American citizen child was recently deported to Columbia because there was nothing to indicate that she wasn’t Columbian. Fifteen year old Jakadrien Turner was born in Texas. She doesn’t speak Spanish. She and her family have no ties to Columbia. Yet, this little girl was physically deported from her…
BIA Strikes Down Miranda-Like Warnings For Immigrants
Jose, a lawful permanent resident, crosses the border into Mexico to retrieve his nephew, a citizen of Guatemala. Jose attempts to bring his nephew into the United States by using his son’s birth certificate for entry. Jose’s son is a U.S. citizen by birth. Jose is stopped at the border…