Wednesday, June 1, 2011

Help! My Brother Has Been Taken Into Immigration Custody In Tacoma, Washington!

By Atty Beverly Byrd

QUESTION: Hello Attorney Byrd. My brother is a permanent resident and has been taken into immigration custody, and today, they have sent him to Tacoma, Washington. He had a drug conviction and a grand theft conviction in 2006. How bad is his case, and what can we do to get him out of immigration custody and bring him back here to California? Thank you for your time and advice to my brother and our community. God Bless, Criselda.

ANSWER: Hello Criselda. Thank you for your question. A permanent resident who has been convicted of any drug conviction except 30 grams or less of marijuana for one’s own personal use is deportable. As well, a permanent resident that has been convicted of grand theft is also deportable. In addition to being deportable, that person is also subject to mandatory custody under current immigration law. This means that the law requires that that person be kept in immigration custody throughout the duration of the removal or deportation proceedings. The immigration judge does not have the authority to let that person out of custody. No immigration bond will be set.

Since no immigration bond can be set, and that permanent resident has to remain in immigration custody, the immigration judge will very likely not agree to change the venue of the case to California. When someone is subject to mandatory custody and they have been taken out of California, the Government attorney usually protests any change of location, and the immigration judge usually agrees with the government. The Government, or Immigration and Customs Enforcement (ICE), places a person in custody in a place here they have a bed space. In other words, your brother was taken to Tacoma, Washington because there was no bed space in the Bay Area, but there was available bed space in the detention facility in Tacoma, Washington. Many Bay Area residents that are taken into and kept in immigration custody are taken to large detention facilities in Tacoma, Washington, Eloy, Arizona and Florence, Arizona because they have large accommodations.

At this point, you should seek the advice of a competent immigration attorney who exclusively handles immigration matters, and has a great deal of experience in deportation matters. That attorney can carefully analyze your brother’s case and determine if he is indeed subject to mandatory detention or if a case can be made for bond. Set your expectations that he will remain in immigration custody so you and he are not disappointed. The immigration attorney you choose can analyze the facts in your brother’s case and determine if your brother has any defenses to deportation. He may be eligible to apply for Cancellation of Removal for Permanent Residents, but it will depend on when your brother became a permanent resident. If he is eligible for Cancellation, then your brother will have to prove that he deserves a second chance. He can demonstrate such things as the long length of time he has been in the United States, the hardship to himself and his family members if he is removed to the Philippines, any community service, any military involvement, a work history and tax payment history, and any rehabilitation. The immigration judge will balance these positive factors against his two criminal convictions, and any other negative factors in his case. Your brother may be eligible for other forms of relief, but the immigration attorney you chose to help him will make that decision.
Even though your brother is kept in custody in Tacoma, Washington, the immigration attorney you choose in California will be able to make a court appearance via telephone at the preliminary hearings. At the time of your brother’s first hearing, or Master Calendar hearing, the immigration judge will telephone your brother’s immigration attorney at their office and speak with the attorney about the allegations in your brother’s case, and the defense applications that your brother may file. Then the judge will set a trial date if there are no other issues to be resolved. Your brother’s immigration attorney will then need to travel to Tacoma to prepare your brother for trial and to represent him at the trial.

Hopefully, your brother will have a defense to his deportation. Good luck.

Attorney Byrd has been exclusively practicing immigration law for over 10 years at Byrd & Associates and has helped thousands in the Filipino community. You can visit her website at www.byrdassociates.com, and can schedule a consultation with Attorney Byrd by contacting her via e-mail at bab@byrdassociates.com, or by telephoning her San Jose office or San Francisco office. For a limited time, Attorney Byrd offers family based Green Card processing for only $1,200 and Naturalization (Citizenship) Application processing for only $600.

San Jose Office
95 S. Market Street
Suite 300
San Jose, CA 95113
(408) 995-3268

San Francisco Office
One Embarcadero Center
Suite 500
San Franciso, CA 94111
(408) 995-3268
(main scheduling line)

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