HOW TO FIGHT YOUR DEPORTATION, Part Two

In the first segment of this series, I discussed what to do if you are arrested by Immigration (ICE).  In short, don’t sign anything and you will likely be able to fight your deportation in court. 

Once you tell ICE that you want a court hearing, you also can ask for your release on bond, so you can be reunited with your family while your case moves forward.  Below, I will explain how to convince the immigration judge that you deserve to be free on bond, to make the bond as low as possible, and to get the bond paid and get out of immigration custody.

How is the bond set.

If a person is detained but eligible for bond, the government will often set an initial bond amount.   ICE under the Trump Administration has been setting bonds higher than in previous administrations or often dismissing deportation cases altogether.  We can expect that ICE under Trump will set bonds at $10,000 or higher, even for immigrants without any real criminal record.  But this can be lowered by an immigration judge.

In most cases, you have the right to ask the immigration court for a bond re-determination hearing.  The immigration court will then consider the arguments you make and often lower the bond set by ICE.

In setting the amount of bond, the judge will look at a number of criteria.  The most important criterion is whether the person is a “flight risk”; that is, whether he would likely come back to court if released.  In making that decision, the judge will consider factors which tend to show good moral character on the part of the individual held.  These factors include:

• Relatives in the United States: does the person have relatives here who are in legal status?  Do they have a citizen or permanent resident spouse or child?

• Employment: does the person have a regular job and income?

• A residence: does the person have a place to live if released?

• Immigration Court History: Has the person ever failed to show up in court on any of his prior criminal or immigration cases? Can they show the judge that they always went to court when required to do so in the past?

• Tax Records: has the person paid his taxes in the U.S.?

• Eligibility for Relief:  What immigration status does the person qualify for?  Do they have an immigrant petition filed by a relative?  Or can one be filed? Do they have a credible argument that they would fear persecution in their home country?  Do they qualify for some other status here?

How to Pay the Bond.

Once the bond is set, a relative or friend can post the bond if they can show that they are a U.S. citizen or lawful permanent resident.   That person must agree to be responsible for ensuring that the person attends any immigration hearing or interview whenever requested to do so.

The person posting the bond will need to know the last name of the person in ICE custody and their “A” number--the case number which begins with A followed by 9 numbers.   The bond can be paid with a cashier’s check from a bank, or a money order – not by cash or personal check. 

In San Francisco, the person paying the bond must present the money in person at the immigration office located at: 630 Sansome Street, 5^th Floor.  Hours are: Monday – Friday, 8:00am to 3:00pm.

If you pay the bond directly to the government, the bond money will be returned to your family only when your court case is completed and only if you have complied with the court’s order, even if that order is to leave the country.

Next post on this topic will deal with how to fight and possibly win your deportation case in the Immigration Court.

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CHRISTOPHER A. KEROSKY of the law firm of KEROSKY PURVES & BOGUE has practiced law since 1984 and has been recognized as one of the top immigration lawyers in Northern California for 7 years by “Super Lawyers”.   He graduated from University of California, Berkeley Law School and was a former counsel for the U.S. Department of Justice in Washington D.C.

WARNING: The foregoing is an article discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.

Why Sanctuary is Important

By Christopher A. Kerosky

[This article was published in the May issue of  SONOMA COUNTY GAZETTE]

https://www.sonomacountygazette.com/sonoma-county-news/immigrant-stories-why-sanctuary-is-important-by-christopher-kerosky-may-2018

Between 2006 and 2013, hundreds of our neighbors in Sonoma County, California were arrested by our Sheriff’s Department, even though they were guilty of no serious crimes.  Some were stopped because of a traffic violation or a broken headlight.  Because they did not have a driver’s license, they were then handcuffed, jailed and detained sometimes indefinitely.  Their cars were often impounded.  In many cases, they were charged only with driving without a license or other misdemeanors; sometimes no charges were filed at all.  Yet they were not allowed to go free, even if they paid a bond.

After up to 48 hours of incarceration in our county jails, these Sonoma County residents were handed over to the Immigration and Customs Enforcement (ICE) to commence their deportation from the United States.  They were often young, sometimes students in college or even high school.  Others were young mothers or fathers, with small children at home.  Sometimes they were driving their children to school or coming home from work. 

Our Sheriff at the time claimed he had no choice under the law but to arrest, detain and transfer these neighbors of ours for deportation.  Many were removed from the U.S. as a result, leaving behind U.S.-born children, spouses and extended family.

I can tell you this happened because I represented hundreds of them in deportation court.  I saw the way this County policy devastated many families in our community.  This occurred to hundreds of thousands of immigrants in counties throughout California and across the country.

Why did this happen?  Because our County participated actively in the Secure Communities Program run by ICE back then, and now revived under Trump. 

What stops this from happening today?  Our state and county sanctuary policies. Nothing more.

Sanctuary is a good thing.

With the Trump Administration’s constant drumbeat of verbal attacks, financial sanctions and lawsuits against sanctuary communities, many in our state are questioning whether “sanctuary” is a good thing.   As someone who has seen the trauma that our prior policies caused immigrant families here, I can tell you: sanctuary is a good thing.   

It’s vital that we don’t return to the days when thousands of our state residents were rounded up and deported; to when just driving to the store or the school created serious risk for undocumented immigrants.

WHAT TO DO IF YOU ARE ARRESTED BY ICE. Part One. 

by Christopher Kerosky, Esq.

ICE has promised to target California for raids on undocumented immigrants.  It is important that people know they have the right to defend their deportation in court.  In many cases, it can result in an immigration judge deciding that the immigrant can stay in this country and even obtain permanent residence. 

I have written a series of articles about what an immigrant can do if they or their family member is arrested and put into deportation proceedings.  This is Part 1; it covers what to do after you are taken into custody by ICE, how to get out of custody and how to defend your deportation in court. 

The Important Things to Know if you or your family member is taken by ICE.

Many people believe that if they are undocumented and arrested, then they have no choice but to go home.  That is simply not the case.  With skillful and thoughtful representation, many undocumented immigrants can successfully avoid deportation.

It is very important that undocumented immigrants and their families know what to do in this situation.  The important thing is not to sign any document which agrees to your deportation or voluntary departure.  Instead, get legal advice and it is very often the case that you can get bonded out of custody very soon.

How does one get a family member out of ICE custody once they’ve been taken? The answer to this question depends upon the situation.  The government is required to hold non-citizens in jail if they were convicted of certain very serious criminal charges.  If he was not convicted of any crime or if it was a misdemeanor crime, then usually the person can be “bonded” out of jail if the bond set by the court is paid.  The amount of the bond varies significantly depending upon the judge and the facts of the case.  The best thing is to get your relative out of jail, if you can, and then hire a lawyer to protect his rights in court. 

Even if the relative is bonded out of jail, he will be required to go to immigration court and explain to the judge will he should not be deported.  If you ignore the court case once he is bonded out, a deportation order will be issued by the court, the bond money will be lost, and he will probably lose any chance of ever becoming legal in the United States.

It is often possible to proceed with a claim for relief in court, such as cancellation of removal, asylum, adjustment of status, or other claims.  These arguments apply in many situations where the undocumented person arrested has family here legally or has been a victim of a crime, or a victim of domestic violence, or can prove that he would be harmed if he is returned to his home country. 

These will be covered in subsequent segments of this series.