© 2018 by Joseph B. Caraccio Attorney-at-Law 

Law Office of Joseph B. Caraccio

620 Wilson Avenue, Suite 271

Brooklyn, NY 11207

(516) 669-0448

jbc@jbclawoffice.com

Joseph B. Carccio Immigration Lawyer
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Attorney Advertising: This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. This website is owned and operated by Joseph B. CaraccioNY Immigration Lawyers DOT org is not a law firm or business entity and does not engage in the practice of law.

This website is attorney advertising. Prior results do not guarantee a similar outcome.

NY Immigration Lawyers practicing immigration law in New York, New Jersey, Long Island, Staten Island, Bronx, Westchester, Brooklyn, Queens, Bushwick, Bed-stuy, Park Slope, Brooklyn Heights, Crown Heights, Williamsburg, DUMBO, Red Hook, Downtown, Atlantic Avenue, East New York, Richmond Hill, Kew Gardens, Forest Kills, Jamaica, Rego Park, Queens Village, Nassau County, Suffolk County, Huntington Station, Mineola, Glen Cove, Hempstead,  Glen Head, Bayville, Sea Cliff,  Levitown, East Meadow, Herricks, Albertson, Roslyn, Old Brookville, Locust Valley, Wyndanch, Elmont, Ozone Park, Bayside, Little Neck, Douglaston, Astoria, Flushing, Newark, Kearny, and we will take any Immigration Case anywhere in the United States.

BOND & IMMIGRATION DETENTION

Information & Representation for Immigration Bond & Immigration (ICE) Custody

We represent individuals being held in Immigration Detention who are in removal proceedings on the detained docket as well. We handle all matters relating to Immigration Custody & Bond including:

  • Application for Bond

  • Preparation of Evidence For Bond Requests

  • Representation at Bond Determination Hearing

  • Request for Release on Home Monitoring 

  • Motion for Bond Determination Hearing

  • Bond Re-Determination Hearing

  • Motion Practice in Bond Hearing 

  • Challenge of Mandatory Detention 

  • Challenge of Prolonged Detention 

  • Habeas Corpus Petition in Federal District Court

  • Appealing Bond Denial

  • Interlocutory Appeal of Bond Determination in Immigration Proceedings

  • Federal Court Appeal of Bond Determination 

 

IMMIGRATION DETENTION

The Department of Homeland Security (DHS or Immigration) can arrest and detain anyone and hold them in detention indefinitely--At least they believe they can. In some cases they are obligated to jail individuals due to Mandatory Detention.

 

They also have an incentive to detain immigrants. Immigration detention is big business and big profits for big corporations. For comprehensive information regarding immigration detention you should visit www.ICEdetention.com

 

End ICE Detention is a website Learn about the detention quota system, for-profit prisons, and the big money invested in jailing immigrants.

 

For more information regarding immigration bond, bond hearings, ICE custody, and other matters relating to immigrants who are being held in detention / ICE custody or who have recently been arrested or detained by CBP or ICE please visit our page regarding BOND & IMMIGRATION DETENTION

MANDATORY DETENTION

There are times when Immigration (ICE) can arrest & detain a person without giving them a bond hearing.

Under INA § 236(c) certain aliens are required by law to be held in ICE custody until their immigration case is resolved. If an alien is subject to mandatory detention then they are not eligible to be released on bond and neither ICE nor the Immigration Judge will even consider bond.

 

Bond is sometimes referred to as bail. It is money that may be ordered to be paid for the person who is detained to be released from custody. The money will be returned at the end of the case unless the person fails to appear for their hearing. 

 

When ICE arrests someone, the deportation officer will determine whether or not to grant bond. If the deportation officer does not set bond then the Immigration Judge will make a determination regarding whether or not to grant bond and if so, at what amount. If the deportation finds the person is subject to mandatory detention under the law then not only will the officer not set bond but they will note this in the file and the person will not even have a bond hearing before an Immigration Judge. 

Who is Subject to Mandatory Detention? 

 

A person is subject to mandatory detention if they are inadmissible under INA §212(a) for criminal grounds. It should be noted that an actual conviction is not always necessary to trigger mandatory detention. Criminal grounds of inadmissibility that may trigger mandatory detention include:

 

  • a crime involving moral turpitude, unless the maximum sentence possible is one year or less and the actual sentence you received is less than six months OR if you were under 18 when you committed the crime and it was more than five years ago

  • multiple convictions where the aggregate sentence is five years or more of imprisonment

  • a controlled substance offense (any drug offense, including if the immigration authorities have reason to believe that you are a drug trafficker)

  • a prostitution-related offense

  • terrorist activity

  • significant human trafficking

  • money laundering

 

A person may also be subject to mandatory detention if they are deportable based on criminal convictions under INA §237 including:

 

  • a crime involving moral turpitude where (as an added requirement from INA §236(c)(1)(C)), you were sentenced to more than one year in prison

  • two or more crimes involving moral turpitude

  • an aggravated felony

  • a firearms offense

  • a controlled substance conviction other than a single offense for possession for your own use of 30 grams or less of marijuana

  • drug abuse or addiction, or

  • espionage, sabotage, or treason.

Challenging Mandatory Detention

A person who is found to be subject to mandatory detention can challenge this finding and request what is called a "Joseph Hearing" to have an Immigration Judge evaluate the case to determine whether or not mandatory detention applies in their case. 

If an Immigration Judge determines that the person in custody is subject to mandatory detention then the Judge is not legally capable of releasing the individual on bond under the law (with some exceptions pertaining to prolonged detention). If an immigrant is subject to mandatory detention then that person is not even entitled to a bond hearing.  

The Immigration Judge's Decision regarding mandatory detention can be challenged as well. There are multiple ways of doing this including an interlocutory appeal, Federal Court Petition, or Writ of Habeas Corpus. 

You can contact our office for more information about challenging a determination of Mandatory Detention. 

*You can learn more about Mandatory Detention Here.

LOCATE AN INDIVIDUAL IN IMMIGRATION CUSTODY

If you believe your loved one is being held in immigration custody by ICE then you can use the online ICE Detainee Locator System to find them. You may search for them by their A# or by name. You will need to know their country of birth.

ICE Detainee Locator System

 

You can also call Toll Free ICE Detainee Hotline (855) 448-6903

 

In NYC you may try contacting ICE directly at (212) 264-4213

 

In New Jersey, you may try contacting ICE directly at (973) 645-3666

 

For more information on this topic visit: www.ICEdetention.com

 

*WEEKENDS DO NOT COUNT TOWARDS THE 48 HOURS.

HOW TO LOCATE SOMEONE IN IMMIGRATION (ICE) CUSTODY