Transferred to ICE custody National Immigration Project of the

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Transferred to ICE custody National Immigration Project of the Powered By Docstoc
					What happens next?
   There are 400 different facilities across the country
    that serve as immigration detention centers.

   These include:
      DHS owned facilities
      Privately run facilities
      County and local jails who “rent out” bed space to DHS
Courtesy of Detention Watch Network
   ICE has complete discretion in deciding where and
    when to transfer

   Legal representatives are rarely, if ever, given notice
    prior to the transfer

   ICE/DRO Transfer Standards:

    ◦ “The attorney shall be notified of the transfer once the
      detainee has arrived at the new detention location. Generally,
      notification will be made as soon as practicable, but no later
      than 24 hours after the transfer.
   Transfers that interfere with an individual’s right to
    counsel have been held to be a violation of due
    ◦ Orantes-Hernandez v. Meese, 685 F. Supp. 1488 (D.C.
      Cal. 1988), aff’d 919 F.2d 549, 565-66 (9th Cir. 1990)
   Most challenges have not been very successful
   For more information see The American
    Immigration Law Foundation’s “Short Survey of
    the Law on Transfer”
   Information you will need:
    ◦   Name (Full name and any aliases used)
    ◦   Date of Birth
    ◦   Country of Origin
    ◦   Alien Registration Number (A number)
   Contact local ICE Office of Detention and

   Contact consulate

   Contact individual detention centers
   Limited hours of operation

   Automated system that never ends

   ICE may be unwilling to disclose information

   Possibility of bond

   Criminal vs. Immigration Bond
    ◦ Have to post full amount
    ◦ Minimum $1500
    ◦ Bail bondsmen treat immigration bonds differently

   Bond will be returned at the end of the
   Bond is initially set by ICE but individual may be
    able to request a reduction of the bond from an
    immigration judge

   See Florence Immigration Project printed
    materials on bond
   Some individuals will not be given a bond
    ◦ Because ICE doesn’t set a bond, or
    ◦ Because they are subject to mandatory detention under
      INA Sec. 236(c)
   If in the former group, individual can request that
    an immigration judge set a bond
   If in the latter group, individual can request a
    Joseph hearing to contest whether or not they fall
    within the category of individuals who are subject
    to mandatory detention
    ◦ See Matter of Joseph, 22 I&N Dec. 799 (BIA 1999)
   INA 236(c) mandates detention for any non-citizen who:
    ◦ Is inadmissible by reason of having committed any offense
      covered in Sec. 212(a)(2)
       Includes:
         Crimes involving moral turpitude
         Controlled substance violations
         Multiple criminal convictions for which the aggregate sentence is 5 years or
         Controlled substance traffickers
         Certain prostitution offenses
    ◦ Is deportable by reason of having committed any offense covered
      in § 237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D).
       Includes crimes listed above as well as:
         aggravated felonies
         certain firearm offenses
    ◦ Has engaged in terrorist activity
   Release prior to criminal convictions becoming

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