For many immigrants and their families, being detained by ICE or threatened with removal (deportation), is frightening. If you or a loved one is arrested for violating U.S. immigration law, you will most likely be dealing with removal (deportation) proceedings. However, the team of professionals at Smith Immigration provides clients and their families with the information and options to make the process of detention and immigration court understandable and manageable.
Detention & Bond
Detention can start in criminal proceeding with an “ICE hold.” Smith Immigration can work with the detained client and family to contact ICE regarding the “hold” and whether it can be lifted.
Know Your Constitutional Rights!DO NOT SAY ANYTHING TO AN IMMIGRATION AGENT IF THEY TRY TO TALK TO YOU. You have the right to remain silent. You have right to speak with an attorney. DO NOT OPEN THE DOOR IF AN IMMIGRATION AGENT IS KNOCKING AT THE DOOR. If the agent says they have a search warrant, ask them to pass it under the door to verify it is signed by a judge or magistrate.
Whatever the cause of detention by ICE, a client taken into ICE custody on the Western Slope of Colorado is initially held at local county jails until they are taken to the main ICE facility in Aurora, Colorado. The first thing every client and family wants to know is whether the client can be released from custody. There are several ways a client can be released including being released without a bond and release upon payment of a bond. Release from ICE custody depends on a number of factors, including criminal and immigration history, as well as humanitarian and exigent circumstances. Not all persons are eligible for an immigration bond, and may have to remain in custody throughout removal proceedings. An experienced immigration attorney at Smith Immigration can advise a client facing detention and bond issues anywhere in the U.S. regarding possible options for being released from custody, and when necessary, can fight for a bond or a bond reduction in immigration court.
Defenses against Deportation/Removal
Everyone facing possible removal in the Immigration Court can benefit from learning the various ways to fight his or her case and remain in the United States. Persons must be eligible for a defense against deportation/removal, and the immigration judge must grant his or her application. Some of the ways a client can fight removal is:
- Challenging the charges on the Notice to Appear
- Motions to Suppress (where the client’s detention was in violation of the law)
- Cancellation of Removal – available to certain lawful permanent residents, certain persons without status, and certain persons who were victims of abuse
- Adjustment of Status
- Asylum, Convention against Torture, Withholding of Removal
- U visas
For many persons, there may not be way to fight a case or a client may decide he or she does not want to fight a removal case for a variety of reasons. Voluntary departure can be a way for a client to end the proceedings and leave the US without being deported and subject to the penalties associated with deportation. Whether a person is eligible for or a judge will grant a person voluntary departure, depends of a variety of factors. Smith Immigration can advise you if you are eligible for voluntary departure, and if so, can help you convince the immigration judge that you deserve voluntary departure instead of deportation.
On all matters, the team at Smith Immigration will do its best to make sure that you understand the monetary and emotional realities of all of your options, and work to obtain the result you seek. Contact us to find out more.
No matter the type of case, anyone can have trouble getting their case approved. Whether it is because the individual needs a waiver, the case is stuck at a processing center, or the initial application was incomplete, Smith Immigration can help you get your case on track.
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Immigration Lawyers Serving Western Colorado. We provide personalized legal services to focus on your unique needs.