If immigration authorities have detained you or a family member, you are facing a unique set of challenges. Determining the best response depends on each set of circumstances. Some immigrants may be able to seek asylum or cancellation of removal proceedings. Other immigrants may not have a valid defense, so their best solution may be voluntary removal or some other strategy.
A skilled Newark immigration detention lawyer could provide crucial guidance on how to handle detention and removal proceedings. By taking a holistic approach, which not only focuses on the immigrant but also takes into account the effect on their families and communities, our seasoned immigration attorney could help craft the best approach to detention.
Immigration and Customs Enforcement (ICE) may detain an immigrant for many reasons. Understanding the common reasons can help immigrants avoid detention and understand why someone may be detained, which can help people narrow down their defense strategies.
Individuals who cross the border without inspection or a visa can be detained as soon as they are apprehended. ICE may have inspection centers near border crossings, border patrols, and other detection information. These individuals are often collected in sweeps and often receive harsh treatment. Since Newark is not along a border, this is not a substantial local category for detention, but people who come in by boat or plane and fail to submit to inspection could also be detained.
Visa violations are a leading reason for detention. The vast majority of people illegally in the United States are here because they violated the terms of their visa. Overstaying a visa is the most common way that people violate those terms, but doing things that are prohibited, such as working without authorization, can also trigger detention.
People who have a final order of removal but fail to leave the country are subject to detention. People with final removal orders may elect for voluntary removal or may be deported. Someone who does not appear when ordered can be detained until they are deported.
Those with criminal convictions may be detained. This is an option that is available for legal and illegal immigrants. Lawful permanent residents and visa holders can be detained if they are convicted of certain crimes—generally aggravated felonies or crimes of moral turpitude.
The most vulnerable group of people who could face detention are asylum seekers or people seeking immigration relief. They are not always detained—sometimes, they are allowed to live within the community. ICE will consider individual circumstances when making those detention decisions. A dedicated attorney in Newark could also work to get them out of detention while waiting for an answer in their immigration proceeding.
While ICE can put detainees in facilities around the country, New Jersey does not allow detention in any state or local facility. ICE may contract with a private detention facility, as it does with the Elizabeth Detention Center. Otherwise, those detained in New Jersey are most often sent to Pennsylvania, upstate New York, or Louisiana for detention.
If you are facing detention and potential removal, you may have several legal options. You can request a bond hearing, where an immigration judge will determine whether you can be released on bond prior to a hearing. Not every immigrant will be eligible for bond—the judge looks at flight risk, criminal record, and potential risk to the community. Immigrants who do not see any options to stay in the country legally can request voluntary removal to their home countries, shortening the time in detention.
A Newark immigration detention attorney could help you explore two options for remaining in the country. The first option is the cancellation of removal, which is only eligible for lawful permanent residents who have been in the country for at least seven years or non-permanent residents who have been in the U.S. for at least ten years. They have to meet other conditions, as well.
Those who do not qualify for cancellation of removal and fear persecution or harm in their home country can apply for asylum or withholding of removal.
When you are facing detention and the possibility of getting deported, reach out to a Newark Immigration Detention Lawyer from our firm today. Our knowledgeable legal professionals could fight to protect your rights and work toward securing the best possible outcome for your case.
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