CriminalImmigration

Immigration Bonds Related to Criminal Convictions Part 1

In the hand outs — and you guys will get this later because the TCDay requests that we give you all, an app of motion. You will have when he you get everything you will have a G28 that is a notice of appearance that must be filed with the immigrate with ice and immigration custom imports and that’s the trial attorney’s part of it — whenever you ahh, are representing someone in immigration court or file an application on their behalf. The E28 is the one that goes to the immigration judge. So if you ever find yourself in removal of representing someone in immigration court, these are the forms. You will need to file one with the judge. The green one goes to judge E28 and the blue one will go to the trial attorney and also the motion for bond re determination and this very…ooo…this form is very important, whenever you have someone with an ice hold. And really I want to take few minutes to talk about more details about the ice holds. That’s becoming the big pop up issue all of a sudden.

Whenever you get an ice hold, as I mentioned this morning. The pending charges cannot be the basis of the immigration hold. If your client has an ice hold, it’s either because he’s here illegally or he’s had a prior offense that made him deportable and they just caught up with him now. Now, if your client has a prior deportable offense, he will not be eligible for a bond, when he goes to immigration custody because of the mandatory provisions and immigration nationality act. That doesn’t mean he will be deported. It doesn’t mean he will get deported because he still may have relief from deportation. He may not be convicted with an aggregated felon and remember we talked about some relief like he has his green card for seven years before the deportable offense, then he may be eligible to go to jail that my wife and my kids –give me a second chance. So there is an opportunity. But, if he has not been convicted of an offense and the reason the immigration holder is there because he’s here, they’re here illegally — only because of his illegal presence. Do not wait to plead him out to get him to immigration custody. Talk to an immigration attorney, and get your ducks in a row, bond him out and then get him transferred to ice custody. Because, if you do not have a prior conviction or prior deportation, even if you are here illegally, you are eligible for an immigration bond and if he doesn’t have a conviction and he’s got these of some of these other issues we talked of, he’s got the application fit in through his wife or maybe he’s here illegally or he got 3 kid and he’s buying the house and he’s got this property and no serious offenses –there is a pretty good chance we will be able to get him out with the immigration bond — then once he’s out we’re going to take a deep breath you can negotiate a lot stronger with the prosecutor when your clients’ not sitting in jail saying –when you going to get me out—when you going to get me out.
And then there may be a lot of things we can do on the immigration side. But do not wait to plead him out to that unlawful carrying of a weapon or the domestic violence before you get him transferred to immigration custody because at that point we will – we may still have defense but he not – he will be sitting in jail while we do anything we’re trying to do on the immigration side. If you decide you want to tackle an immigration case on your own you got demotion for the bond re-determination that does not get filed until after he’s in the immigration custody. As I mentioned this morning, an immigration hold is like a lien, all immigration — is — notices – hey, we can deport this guy because either,
(a) He is here illegally or
(b) He’s got a prior deportable offense.

Beyond that — they have not investigated or looked at particulars haven taken custody of your guy. All they are saying is that we want him next in line. So, after he is been released from State custody for example — He gets charged with unlawful carrying of weapon or domestic violence. He doesn’t have papers. After the sunrise okay I am going to go ahead and bond him out and go and get him to immigration. You bond him out and get the charges pending goes to immigration. At that point your client will have two opportunities at a bond. The first of them will be, when the ice officers see him at the jail. And if the ice officers say — okay! We’re going to pay you $5K bond. Pay the bond and he’s out. If the ice officers not given a bond, or say he gives him an unreasonable bond, $20K bond. And just one thing you need to know — in immigration bond, you have to pay. There are bonds, it’s not like you pay 10% like in a criminal bond. They are immigration bond companies and is anybody here with the immigration bond company before I say this?

It is like legalized loan sharks. They charge you 50% of the bond and make you pay the other 50% over time. So if you got a $20K bond with the immigration, do the math. You are going to have to come up to $10K plus you have there. So usually I tell my clients go get the money, go pay up, go you know go talk to your cousins, your family members and get that bond money together and usually if the person in not in a criminal history — has family ties even if he’s here illegally, the immigration judge going to get him $5K and under. So the family can come up with that money to put it in there and pay the $5K and guy will be out. It’s like an interest bearing of an account someday when it’s all over you will get that money back with interest. But after going back ah! Ah! Saying about the application.

You do not file the motion for the bond application, until the guy has been transferred to immigration custody. He has seen the ice officers. The ice officer said — No! We are not going to give you a bond or no we’re going to give you the $20k bond. And at that point say I am going to file bond the determination so they knew you prepare the application you have in your stuff along with the G28 and E28, the two forms we talked about. And what you’ll need is your client’s what you call it – the ‘A’ number. That is the number that he will follow him through in his immigration case. You cannot file anything with immigration when they are in removal proceedings put that ‘A’ number, they will not know where it goes. And they will not assign that ‘A’ number until he has actually been transferred to ice custody, unless, he already has a green card and you will find that ‘A’ number on his green card. So –and at that point you will know the ‘A’ number you can go from there but he is here illegally — and has always got that letter from immigration and say I am in line. Once he gets transferred to the ice agent, he will be given and assigned an A number. If he doesn’t sign his voluntary return or deportation — he’ll be moved to the immigration detention facility at that point you can file the motion for the binary determination of the immigration judge, the judges will give you a hearing in less than a week and less than in a week you will get your hearing from your immigration judge.

Francisco Hernandez

Author Francisco Hernandez

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