What is mandatory immigration detention?

An alien, non-citizen, with criminal convictions may be subject to detention and deportation or even removal from the United States.

If an immigrant is subject to removal is much likely to be detained by immigration authorities. The agency in charge was previously known as the Immigration and Naturalization Service, and today better-known as Immigration and Customs Enforcement (ICE).

The Immigration and Nationality Act and federal regulations state that the government must take an alien into custody and hold him or her without bond if he or she have been convicted of certain removable offenses and released from jail after October 8, 1998.

If the alien was convicted of a removable offense but not sentenced to jail, there might be a chance that he or she can still be eligible for bond.

Moreover, if an alien think that is entitled to bond, he or she must write to the immigration court and ask for a ‘Joseph Hearing” and trying to convince the judge that the mandatory detention law does not apply to him or her. You will need a good immigration lawyer.

However, some non-citizens do not qualify for release at all, even if they would be willing to pay a bond. The immigration laws require that noncitizens be detained by immigration authorities after they are released from criminal custody, and that they remain detained while removal proceedings are pending against them. This applies any time after release, unless they can successfully win a petition for a Writ of Habeas Corpus.

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.

If you are a lawful permanent resident or overstayed your visa or were admitted into the U.S. in some manner, you may be subject to mandatory detention if you were released from jail after October 8, 1998 and convicted of any of the following crimes:

         Two crimes involving moral turpitude at any time after your admission in the U.S.;

         An aggravated felony;

         A controlled substance offense;

         A firearms offense.

If you are a lawful permanent resident returning from a trip outside the United States or entered without inspection or are seeking admission into the United States, you may be subject to mandatory detention if you were released from jail after October 8, 1998, and convicted of any of the following crimes:

         One CMIT;

         Controlled substance offense;

         Prostitution;

         Two or more offenses with aggregate sentence of 5 years incarceration;

         Drug trafficking offense;

         Domestic violence or violation of protection order.

Leave a Reply

Your email address will not be published. Required fields are marked *