Whether or not you’re a citizen, you have rights under the United States Constitution. You have the right to remain silent, not to answer questions asked by a police officer or government agent, even when detained or after you’ve been arrested. Ask for a lawyer right away. If another officer tries to speak with you, repeat, “I want to speak with my attorney” and say no more. If you have already answered some questions, you can stop answering them at any time and ask for a lawyer. The more you say, the more difficult it may be for an attorney to help you, since the CIS or government agent may be recording or writing down your words, which may end up excluding you from any immigration benefit.

If the officer continues to ask you questions after you have asked for a lawyer, write down or remember the officer’s name and badge number, so you may tell your lawyer how you were treated. Remember, it is important to say as little as possible to any government agent, since they will try to use anything you say against you. Many times, if you are stopped and questioned, you could be detained even if you answer questions honestly. Thus, if this happens to you, remember to remain silent and ask to contact your lawyer.

CIS will charge you with violation(s) of
U.S.
immigration laws and issue you paperwork that is called a “Notice to Appear.” This paperwork informs you that CIS will be charging you with deportable offenses before a U.S. Immigration Judge, who will decide whether or not you will be removed from the
U.S.

CIS will then file the Notice to Appear with the
Immigration Court
. CIS does not have to file the Notice to Appear within a specified time period and the longer CIS takes to file the NTA with the court, the longer you will be detained. Once the NTA is filed with the court, a custody and bond hearing will be scheduled as soon as there is space on the court’s calendar.

It is at this hearing that the judge determines whether or not you may be released on bond, while the case is pending. The bond hearing is important to any detained immigrant because without bond, the immigrant could be detained the entire period it takes for the court to hear the immigrant’s case. This may be a long period of time, depending on the court’s current backlog of cases. Immigrants may be released on “bond” by paying certain fees to the court, which the court believes will ensure that the immigrant will not flee the area and will return for the calendared hearing date in the future to speak with the Judge when the Judge is ready to try the case. In determining whether an immigrant is released on bond, the court would have to conclude that releasing you would not pose a danger to another person or property and that you would be like to appear for the future hearing(s). The court looks at factors such as: (a) local family ties; (b) prior arrests, convictions, appearances at hearings; (c) membership in community organization; (d) manner of entry into the US and the length of time you have lived in the U.S.; (e), immoral acts or participation in subversive activities; and (f) your financial ability to actually pay the bond.

NOTE: Immigrants detained or arrested due to criminal grounds or terrorist suspicion that makes the immigrant deportable may generally not be released on bond.

Sometimes, CIS will not file an NTA with the
Immigration Court
in a timely manner. Thus, it is important that you know that your attorney may request a bond hearing directly from the Immigration Court , so you may be released sooner, even if you have not received an NTA or CIS has not filed the NTA with the
Immigration Court
yet. The other reason why it is important to have an attorney represent you early on in the proceeding is that when CIS fails to file the NTA with the Immigration Court, that means that the Immigration Court does not have jurisdiction or the legal right to hear your case yet because nothing has been filed in the court by your lawyer or CIS.

This is dangerous because CIS has the option of transferring any arrested alien to a detention facility out of the area before filing an NTA with the
Immigration Court
and has the option of filing the NTA with another Immigration Judge located next to the detention center, even in another state, that CIS plans to transfer the immigrant to. To stop CIS from transferring you out of the state to another facility, it is important that your attorney file for your bond quickly where you live so the local Immigration Court will take your case and you can not be transferred out of state to another facility where it will be difficult for your family or your attorney to reach you.

If the Immigration Judge grants bond, then your family or friends can post the bond one of two ways: (1) by paying the full amount of the bond in a money order to CIS which is refunded at the conclusion of the case (or usually six months after); or (2) by utilizing an authorized bail bond agent ? this usually requires a home with sufficient equity, the person whose name is on the deed to the home appearing in person at the bail bond company; and a fee of 10% of the bond amount, which is paid annually to the bail bond company and never refunded to the client. If the immigrant fails to appear at the
Immigration Court
hearing or at CIS if so requested, then the bond will be lost and the immigrant could be barred from future immigration relief).

Bond for non-criminal immigration violations is set at a $1500 minimum by statute. Sometimes, the judge will allow the immigrant to be released on his or her own recognizance without having to pay bond, but this is harder to obtain. CIS may appeal the bond issuance.

The above information is general in nature and is provided for public educational purposes only and should not be considered legal advice. Actions taken in your case on reliance of the above information is taken at your own risk. You should always consult a lawyer to review the particular circumstances of your case to determine what your rights are and what immigration remedies or benefits are available to you.

• murder, rape, or sexual abuse of a minor;
• trafficking in illegal drugs;
• purchasing or selling of illegal firearms (guns or other destructive devices such as explosives);
• arson
• domestic violence or stalking
• child abuse, child neglect, child abandonment
• theft or burglary, with imprisonment imposed of 1 year or more
• felony battery
• statutory rape
• prostitution
• defrauding schemes
• counterfeiting, creating false documents
• high speed flight from an immigration checkpoint
• trafficking in persons for immigration benefit or profit;
• attempted lewd assault
• DUI, causing serious bodily injury

A person who fails to appear for his or her departure after a final deportation order against him or her or has a deportation order that has been entered against the person because s/he failed to appear for immigration court (called an in absentia order) usually cannot benefit from most forms of immigration relief for 10 years. These forms of relief include adjustment of status (green card process in the US), cancellation of removal, and voluntary departure.

Criminal penalties for failure to depart:

Failure to depart the U.S. within 90 days of a final deportation order or to present oneself pursuant to bag and baggage letter is a felony, punishable up to 4 years (or 10 years if person is deportable under certain offenses). A person may also be held liable to pay a fine of $500 per day for each day s/he refused to depart the U.S.

Loss of federal appellate rights

There is no direct appeal available from an order of deportation that is entered onto the record when the noncitizen refuses to appear, except as to the Immigration Judge, him or herself, who entered the order. This motion to reopen is limited to the alien providing why s/he did not attend the removal proceeding and whether or not the alien is still removable.

ALWAYS CONSULT WITH AN EXPERIENCED IMMIGRATION ATTORNEY ABOUT WHETHER YOU CAN SUCCESSFULLY REOPEN THE OLD REMOVAL HEARING TO REVERSE THE ORDER.

• Cancellation of Removal for Certain Permanent Residents.
• Cancellation of Removal for Certain Non -Permanent Residents
• Suspension of Removal
• NACARA
• Adjustment of Status;
• Voluntary Departure;
• Section 212(c);
• Political Asylum & Withholding of Removal;
• Protection under the Convention Against Torture;
• VAWA Cancellation & Immigrant Visa Abused spouse/child/parent;
• Motions to Reopen/Reconsider Prior Removal Orders;
• Motions to Stay Removal or Motions to Terminate Proceedings;
• and more.

THESE CASES ARE COMPLICATED AND TAKE TIME. ALWAYS CONSULT WITH A REPUTABLE IMMIGRATION ATTORNEY ABOUT YOUR DEPORTATION DEFENSE OPTIONS. DO NOT WAIT UNTIL THE LAST MINUTE BEFORE YOUR HEARING TO GET GOOD IMMIGRATION ATTORNEY ADVICE!!!

The Attorney General may permit an alien to voluntarily to depart the United States at the alien’s own expense in lieu of being subject to proceedings or prior to the completion of such proceedings. proceedings. Isn’t voluntary departure always good option? Consult with an immigration attorney about the pros and cons of taking this form of relief and if you qualify for this remedy. Even voluntary departure can be complicated:

• Even voluntary departure can be a mistake for an applicant to take, especially if the applicant is planning on overstaying the 60 days the judge usually gives the person to depart the US.
• A formal removal order will occur if you overstay your VD grant.
• There are specific types of voluntary departure with individual deadlines depending on when your case happened.
• You have to post a bond.
• An applicant convicted of an terrorist ground, and those previously removed are not eligible for VD.
• An applicant previously given voluntary departure is not eligible to receive it again.
• The courts can no longer extend voluntary departure periods.
• Appeals and motions to reopen must be usually made within the VD period to cancel VD or stop the applicant from the harsh 10 year consequences of overstaying VD.