DETENTION
Seeking Release from Immigration Custody
Nothing affects a family more in the immigration context than a family member who is detained. Detention is especially traumatic when it involves the parent of a minor child who is financially and emotionally dependent on that parent. Reuniting families is our most crucial work and we work hard to help our clients gain release from ICE custody. After securing their release, we then work with every client to help them get them legal status in the United States through effective representation in their removal proceedings.
Judges usually consider two questions when determining whether release from ICE custody is warranted for those eligible for bond: whether that person would be a risk of safety to the community, and whether that person would present a risk of flight.
At Massa Viana, we work with families and loved ones of detainees to help them collect the evidence to show that our client has sufficient ties to the United States. Some of these documents include civil documents, showing family relationships; history of employment and tax filings, including ownership of businesses; letters of characters; and evidence of community engagement, among others.
My Family Member May have an In-Absentia Order. Is There Anything That Can Be Done?
Usually, persons detained who already have an in absentia order of removal—meaning they were ordered removed by an immigration judge in a hearing to which they did not appear—do not have a right to seek release on bond and are at the risk of immediate removal from the United States.
If we determine that there is a viable legal course of action, we can help families by pursuing reopening of the in-absentia order.
Many times, that is done by proving to the court that the affected party did not have notice of the hearing, and consequently an opportunity to be heard.
There may be other legal arguments available, and each case needs to be individually assessed before a determination is made.
However, families of detained members who have an active removal order should be diligent as they are working against time to keep their family member in the United States.