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NJ Immigration Bond and Custody Attorney

24
Mar
2011

by in Immigration

If your loved one has been taken into ICE custody in New Jersey, a New Jersey immigration lawyer may be able to have them released on bond.

Section 236(a) of the Immigration and Nationality Act holds that if the attorney general’s office issues a warrant, an alien can be taken into the government’s custody pending a decision by an Immigration Judge as to whether he or she should be removed from the U.S.

An immigration bond lawyer may seek a redetermination of bond pursuant INA § 236(a). In this case, the alien must prove to the judge that they do not pose a danger to society and that they are not likely to flee from justice. The Immigration Court Judge has wide discretion to decide what factors to consider. Matter of Guerra, 24 I&N Dec. 37 (BIA 2006).

However, if the alien is deemed an “arriving alien” the judge has no authority to redetermine or set bond. See 8 C.F.R. § 1003.19(h)(2)(i)(B).

The arriving alien rule applies to an alien who arrives in the U.S. under advance parole under U.S. immigration regulations. Unfortunately for the arriving alien, the IJ does not have the authority to affect the apprehension, custody, or detention of arriving aliens and, as such, cannot consider a bond request from an alien returning pursuant to a grant of advance parole. Matter of Oseiwusu, 22 I&N Dec. 19 (BIA 1998).

The Immigration court with jurisdiction over central and northern New Jersey is located on Broad Street in Newark, New Jersey. Call now to speak with an attorney who may be able to secure a bond for your loved one.

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