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2013 Success Stories

12/30/2013

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Client was granted withholding of removal under INA § 241(b)(3) by a non-detained immigration judge based on fears of persecution from South Korea due to his sexual orientation.

6 detained LPR cancellation of removal (42A) GRANTED.

9 non-detained LPR cancellation of removal (42A) GRANTED, including 1 INA 212 (c) GRANTED, and 1 INA 212(h) hardship waiver GRANTED. 

Assisted detained client to get married to a United States citizen fiance while being detained by ICE, then successfully filed and represented client before a detained immigration judge for adjustment of status with a INA 212(h) hardship waiver. GRANTED. 




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Grounds for Mandatory Detention

6/7/2013

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The grounds for mandatory detention include various grounds of inadmissibility from Section 212(a) of the I.N.A. — but an actual conviction is not required in all cases. 

These criminal grounds of inadmissibility include commission of:

  • a crime involving moral turpitude, unless the maximum sentence possible is one year or less and the actual sentence you received is less than six months OR if you were under 18 when you committed the crime and it was more than five years ago
  • multiple convictions where the aggregate sentence is five years or more of imprisonment
  • a controlled substance offense (any drug offense, including if the immigration authorities have reason to believe that you are a drug trafficker)
  • a prostitution-related offense
  • terrorist activity
  • significant human trafficking
  • money laundering
Detention is also mandatory for people who are deportable based on criminal convictions (found in Section 237 of the I.N.A.) including:

  • a crime involving moral turpitude where (as an added requirement from I.N.A. Section 236(c)(1)(C)), you were sentenced to more than one year in prison
  • two or more crimes involving moral turpitude
  • an aggravated felony
  • a firearms offense
  • a controlled substance conviction other than a single offense for possession for your own use of 30 grams or less of marijuana
  • drug abuse or addiction, or
  • espionage, sabotage, or treason.
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Video- Detained by ICE ???

1/22/2013

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When Immigration Detains You or a Family Member. A very well made video by Illinois Legal Aid concerning common questions for individuals and family members being detained by ICE (Immigration Customs Enforcement). 
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ICE hauls in 3,100 illegal immigrants, including 139 in South Florida

4/4/2012

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By MIKE CLARY
Sun-Sentinel
Monday, April 2, 2012

READ ARTICLE

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Important Things to Know if You are Detained

6/14/2011

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1. If you are arrested by the police, do not volunteer information about your immigration status to them. (However, if you are represented by a criminal defense attorney, make sure that you disclose your status to the attorney, so they can advise you of the immigration consequences of any plea deals that you take).

2. If you are arrested by Immigration and Customs Enforcement (ICE), you have the right not to sign any statements or documents. DO NOT volunteer any information about your status, as anything you say can be used against you at a later time. DO NOT lie to the immigration officer, as lying about your status can result in serious punishments. SAY YOU WANT TO SPEAK TO A LAWYER.

3. Once you have been processed, make sure you write down the name and phone number of the immigration officer assigned to you. You should also be given a "Notice to Appear" (NTA), which will contain the charges against you. Make sure you have your alien registration number (A11 111 1111). If you do not know your number, try to contact a family member.

4. You have the right to make a phone call. Call either your family or an attorney.

5. Always keep your legal documents with you at all times. Make sure that your documents are not processed as "personal property". Make sure that your family also has a copy of your legal documents.

6. If your family does not know where you are detained, they can call ICE headquarters at 202-305-2734, or go online at http://www.ice.gov/about/dro/contact.htm. They will need your full name and your alien registration number.

7. Your family may be able to visit you while you are detained. DO NOT HAVE UNDOCUMENTED FAMILY MEMBERS VISIT YOU.

8. You should always request a Bond Hearing. Payment of the bond will allow you get out of detention pending your case. A bond is moneys paid to the government to guarantee that you return for the hearings. Some people maybe released without a bond, such as women who are pregnant. Some people are not eligible for a bond, example, if you have a previous deportation order, if you have certain criminal convictions, if you were arrested at the border or airport, or if the government suspects you of having terrorist ties. You can request that the immigration judge lower your bond, if you can not afford the amount set. The judge has the power to lower the bond to $1500.

9. At the bond hearing, you want to the convince the judge that you are not a risk to flee if bond is granted. Make sure you bring to the bond hearing any documents that show you have a permenant address, stable employment, relatives with legal status in the US, or any documents showing evidence of strong ties to the communitiy. Testimony from family members and friends is also helpful at bond hearings. Written letters of support can also be used.

10. If you have criminal record, you need to get a copy of your criminal history. This can be obtained in the Clerk's office of the County where you were convicted or arrested. If you previously had a criminal defense attorney, they will also have criminal records.

11. You do not have the right to a free attorney in immigration proceedings. Once you have been detained, the case can move forward very quickly. Therefore, you need to contact an attorney AS SOON AS POSSIBLE.

12. The deportation officer should give you a list of free legal service providers. If he/she does not provide you with one, ASK.

13. When hiring attorney, make sure they have experience with deportations. Make sure that the attorney has seen your NTA before he/she makes any promises of what he/she can do for you. Always request a written contract (engagment letter or retainer agreeement) with your attorney. Always keep the engagement letter or retainer agreeement with you. Always keep all correspondences between you and your attorney.

14. There are generally 2 types of hearings after you are detained, "Master Calender", and "Individual Hearing". A master calender is short hearing where you can tell the judge whether you wish to contest the deportation. You can also ask for additional time to find an attorney, if you wish to contest. If you proceed without an attorney, DENY the charges, and make the government prove thier case. If you are applying for a way to stay in the US legally, you will have an individual hearing.

15. If you are contesting the deportation, you can ask the judge at the master calender hearing for voluntary removal. This may avoid later penalties, barring you from re-entering the US.

Detailed information about the above can be found at National Immigration Project. Link
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