Defensive Immigration Detention
The Law Office of Carabin Shaw has immigration attorneys ready to assist you. The Law Office of Carabin Shaw has immigration attorneys experienced in assisting you with Immigration Matters. Simply call us and we will take the time to listen and advise you if we can help. Call us at 800-862-1260.
Immigration enforcement includes locating, arresting, detaining, returning, and removing non-U.S. citizens, including lawful permanent residents who violate U.S. immigration laws or commit criminal offenses.
At the federal level, immigration enforcement is carried out by the U.S. Department of Homeland Security Customs and Border Enforcement (CBP) or Immigration and Customs Enforcement (ICE), and, in some states local law enforcement also assist with immigration enforcement.
What happens when you get detained by ICE OR CBP?
If ICE (Immigration Customs Enforcement) or CBP (Customs and Border Protection) detain you, you will be processed by that agency and placed in an immigration detention facility. Immigration Detention facilities are in almost every county in the Country.
Either on the same day of your detention or a few days after your detention, you will be served with a Notice of Expedited Removal or a Notice to Appear (before an immigration judge) depending on your case.
Carabin Shaw has experienced immigration attorneys who can help you understand what kind of Notice to Appear you or your friend or loved one was served with.
How to search for a detained person in a detention facility?
If you know where the detained person is, you can call the telephone number of that immigration detention facility. If you don’t know where the detained person is, you can call the immigration facility where you believe the detained person is at. If you don’t know where the detained person is, you can check with ICE’s Online Detainee Locator to find out where a person who has been detained has been placed.
How to use ICE’s Online Detainee Locator?
- The first step in using ICE’s Online Detainee Locator is to search by an Alien Number which s/he has been assigned. All detained immigrants are assigned an alien registration number which starts with the letter A and is followed by either 8 or 9 numbers. Sometimes this A number is their permanent resident number.
- The second step is to search by using the detained person’s complete name and date of birth and country of birth.
Carabin Shaw has experienced immigration attorneys who can help with locating friends or loved one who have been detained at an immigration facility.
It is important to know that the U.S. Department of Homeland Security has discretionary authority to deport persons who are in the United States illegally, depending on whether they have prior orders of removal which are being reinstated; depending on the country they are from especially if they don’t have an attorney and don’t know if the family has or has not hired an attorney for them; and, depending on whether they claim or do not claim any relief from deportation or removal.
All detained persons are asked by CBP and ICE if they want to voluntarily depart the United States. If a detained person consents to be deported voluntarily, s/he will be deported almost instantly. It is also important to know that ICE moves detainees around the state and sometimes to facilities outside of the state, depending on the capacity of the facilities in the state. So the most important advice, is to move swiftly.Notice to Appear
Most detained persons (but not all) are served with a Notice to Appear, also called NTA, once they are placed in an immigration detention facility. Detained persons who claim fear of returning to their country, asylum or refuge, will not be issued a Notice to Appear until they successfully complete a credible fear interview with the Department of Homeland Security Office of Asylum. Also, detained persons who re-enter the country after they have been deported before are also not served with an NTA; they are usually served with a Notice of Expedited Removal instead.
An NTA is the document Immigration serves you with when it wants to deport you.
So you were served with a Notice to Appear? What happens next?
If you have been served with a NTA, it will probably contain a list of facts such as:
- The country you are from.
- What your nationality is.
- Date you came to the US.
- How you came to the US.
- If you had permission to come to the U.S.
- How long you were allowed to stay in the U.S.
- If you have committed any crimes.
A Notice to Appear will also tell you why you are being removed from the U.S. and the section of the immigration law you are being charged with. Examples of charges might be:
- You came to the U.S. without permission.
- You stayed in the U.S. longer than you were allowed to stay.
- You committed certain crimes.
Carabin Shaw has experienced immigration attorneys who can represent you or your friend or loved one respond to a Notice to Appear.
After you are served with a Notice to Appear (NTA), you will be asked to appear at a hearing called the Master Hearing. The Notice to Appear will contain this hearing information at the bottom of the notice, specifically, when and where you will be appearing before an immigration Judge.
The Notice to Appear will read, “You are ordered to appear before an immigration judge of the US Department of Justice at a (date) (time) (place).Master Hearing
A Master Hearing is usually the first place and time you appear before an Immigration Judge.
At the Master Hearing, the Immigration Judge will usually ask you if have a lawyer or plan to hire a lawyer. If you do have a lawyer with you or you tell the Immigration Judge you are representing yourself, s/he will ask you:
- Whether you were properly served with a Notice to Appear?
- Whether you read or understood the facts or allegations contained in the Notice to Appear.
- Whether you were read or told about your rights:
- Whether the facts or allegation contained in the NTA are true?
- Whether you agree with the charges also listed in the NTA?
A Master Hearing is where you will have the opportunity to state whether something alleged or listed in the Notice to Appear is wrong. An example of something being wrong could be your date of birth listed inaccurately; a date of prior entry being wrong; the port of entry could be wrong, too.
A Master Hearing is also where the Immigration Judge will ask you or your attorney what country you want to designate as the country to be deported to, in case you are deported.
At the Master Hearing, the Immigration Judge will also ask you what defenses you will be asserting and how much time you will need to prepare for your case.
If you are not ready with an attorney on the day of your Master Hearing, or if you are planning to represent yourself and you are not ready, the Immigration Judge can grant you a request for more time to either hire an attorney or prepare for your case.
Carabin Shaw has experienced immigration attorneys who can represent you or your friend or loved one at a Master Immigration Hearing.Individual Hearing
The Individual Hearing is the hearing where you present your case and prove up your defenses.
The Immigration Court has a practice manual which lists all the procedural and evidentiary requirements to be followed in order to practice before an Immigration Court.
At the Individual Hearing you should ensure that you have provided your attorney with all the documents s/he has requested in support of your defense.
Examples of evidence include: identification information includes: birth certificates, passports, social securities, driver’s licenses, criminal background records, marriage certificates, divorce certificates, pictures, employment records, Internal Revenue Service (IRS) tax returns, police reports, medical reports, letters and/or affidavits from witnesses, articles on the conditions of your country or about the treatment (mistreatment) of people in your country.
Everything you introduce to the Immigration Court as evidence has to be in the English language. So if you are planning to introduce a document that is in another language other than English, please be prepared to translate it in advance or it is not going to be accepted.
Carabin Shaw has experienced immigration attorneys who can represent you or your friend or loved one at a Individual Immigration Hearing.Bond Hearing
If you are detained at any immigration detention center for an immigration violation, in most cases you are eligible for a bond. Carabin Shaw has experienced immigration attorneys who can represent you or your friend or loved Immigration Bond Hearings.
How do I post a bond? How do I post a bond for my friend or relative?
- 1. You can post an immigration bond for a person detained by ICE, at any U.S. Immigration and Customs Enforcement facility in the country. The person posting an immigration bond must have lawful immigration status and show proof of identity. As the person posting the bond, that person becomes the obligor, or the person responsible for ensuring that the alien presents himself/herself to an officer or agent of the Department of Homeland Security whenever a request is made or to Immigration Court on his/her scheduled court dates. The bond must be paid in the full amount of the bond set. The bond must be paid using Cashier’s Check from a bank or Postal Money Order. You should know that ICE hours of bond operations are Monday through Friday from 8 a.m. and 3 p.m. and they do not issue bonds on holidays.
- 2. You can also contact an immigration bond company. Immigration bond companies charge a minimum of 40% of the bond and some may require an electronic monitor to be worn by the detained person once released. There is a monthly fee for the use of the electronic monitor until the case is over. Immigration bond companies serve as the obligors of the detained person, too, in ensuring their appearance to Court or before designated agencies. You should consult with immigration bond companies for a complete list of their fees. The form of payment for immigration bonds is dependent on the specific bond company. There are immigration bond companies all over the country. It’s important to know that immigration bond companies do not function the same as criminal bond companies.
If you do bond out your friend or relative, make sure that you provide immigration officers and the immigration court the Alien’s change of address in the United States.
After you bond out, you will be given bond papers and Immigration Court will write you with your next court appearance. You must attend all future court appearances. This is why it is important to give your change of address to the court.
If you miss any scheduled future hearing with an immigration officer or with the Immigration Court, the Immigration Judge may close your case and issue an order of your removal from the United States. This can be done in your absence. It is known as an Order of Removal in Absentia.
What do I Do if I Miss a Court Hearing?
If you miss a court hearing and the Immigration Judge issued an order of removal in absentia, you will need to file a Motion to Reopen an In Absentia Order.
Carabin Shaw has experienced immigration attorneys who can represent you or your friend or loved one prepare and file a Motion to Reopen an In Absentia Order.
The Law Office of Carabin Shaw has immigration attorneys ready to assist you.. The Law Office of Carabin Shaw has immigration attorneys experienced in assisting you with Immigration Matters. Simply call us and we will take the time to listen and advise you if we can help. Call us at 800-862-1260.