Deportation/Removal proceedings are scary for the individual involved, as well as his family, friends, and even employer. Make sure to hire a dedicated attorney to defend you through each step of the process. These proceedings can start in a number of ways, and none of these administrative deportation/removal hearings offer court-appointed attorneys. If you want the best defense possible, make sure to call your immigration attorney as soon as possible.
Immigration court has two tracks: the detained docket and the non-detained docket. In some cases immigrants are put into removal court without ever being detained. For example, you could get a Notice to Appear (NTA) in person or by mail. This notice means that you will be scheduled to appear in Immigration Court, or more technically, the Executive Office for Immigration Review (EOIR). This is the non-detained docket.
Alternatively, you might have to fight your case from the detained docket because ICE has taken you into custody. For example, you were detained by local law enforcement officers who cooperate with ICE to put you in immigration detention. This typically occurs when a person is apprehended by a law enforcement agencies for non-immigration reasons, but then is kept in custody without a warrant for up to 48 hours plus any intervening weekends or holidays–giving ICE a chance to determine whether to detain or not.
Another common pattern is that CBP might detain immigrants (even green card holders) as they try to enter the country through an airport or other point of entry. This can happen if you have a conviction on your record, an outstanding removal order, or are merely without status. While this typically happens during returns from international voyages, it can also occur during domestic flights, though in practice at a lower frequency. But there are many other ways that local law enforcement can lead to immigration detention. There have even been examples of a lake patrol stopping a boat because the passengers did not have life jackets on and then calling ICE, which came and detained some of the passengers.
If you’re detained by ICE the first step is to call a lawyer and decide whether or not you can/should file a motion for bond. If the judge grants it then you can pay the ordered amount (at least $1500, but typically over $5000) and ICE will release you to continue fighting your case on the “non-detained” docket.
Recently, ICE has been detaining immigrants before even issuing the NTA. These “pre-NTA” cases can still be bond eligible depending on the exact nature of the charges. In South Florida, the primary locations for immigration detention are the Krome Processing Center, the Broward Transitional Center (BTC), and the recently infamous “Alligator Alcatraz.”
As your attorney I’ll prepare your case, represent you in court, and advocate your individual case to the immigration judge to request measures short of removal from the country. Call Taymoor Pilehvar as soon as you find yourself in deportation/removal proceedings. Let him defend you every step of the way.
(786) 490-6649
