Author: NY Deportation Attorney Alena Shautsova Prosecutorial discretion is a form of government action that allows a non-citizen to avoid drastic consequences of immigration law violations. ICE or Immigration and Custom Enforcement has broad powers in connection to an individual who is subject to its authority: ICE may choose not to send the case ...
Author: Deportation Attorney Alena Shautsova ICE will have sole discretion and jurisdiction of an Immigration Judge does not exist to challenge the bond or parole determination in the following instances: That of an “Arriving Alien” whether they are a Lawful permanent resident or not. Individuals subject to mandatory detention. Individuals ch ...
Author: Deportation Lawyer Alena Shautsova Yes, in certain instances after ICE has denied a bond you may appeal through “Judicial Review”. If jurisdiction exists you may be eligible for an appeal through judicial review if all of the following can be proven: ICE has abused its power – when the government deems the release of the petitioner pos ...
Author: Deportation Attorney Alena Shautsova Removal or deportation proceeding is the name for administrative process during which an Immigration judge decides if a non-citizen should be sent back to his/her home country. To stay in the US, a non-citizen needs to provide a defense to the removal. Preparing a defense from deportation starts with ...
Author: Deportation Lawyer Alena Shautsova The first thing you should do is call an attorney, it never ceases to amaze me how many people wait a few days to call an attorney. The problem with waiting a few days, is that your loved one can be detained without bond, waive possible defenses to deportation without knowledge, or worse: be deported wit ...
Author: Deportation Attorney Alena Shautsova ICE or Immigration and Custom Enforcement agency is the "police" of the Department of Homeland Security. ICE officers are in charge of investigation and apprehension of those who violate the U.S. Immigration laws. Most commonly, a person gets into the ICE’s custody after he/she has been detained by regu ...
Author: New York Deportation Lawyer Alena Shautsova When you or a loved one has been placed into deportation proceedings it is important to understand that remorse and responsibility for your actions coupled with rehabilitation alone is not enough to win your deportation case. That being said, there needs to be a legal basis for your stay in the U ...
Author: New York Deportation Attorney Alena Shautsova Immigration bond is often posted by friends or family of a non-citizen who was detained by ICE in connection with immigration proceedings. The bond money sum may vary from $1500 and up. Sometimes it reaches $25,000. There is no maximum amount that can be established for the Immigration bond. V ...
Author: Deportation Lawyer Alena Shautsova We are all familiar with the constitutional right to legal counsel for those individuals who cannot afford a lawyer in criminal cases. However, in immigration cases, such as deportation, immigrants do not have the same right to legal counsel. They must represent themselves if they cannot afford an attorne ...
Author: Deportation Lawyer Alena Shautsova ICE detention is usually occurs when a non-citizen is suspected to be removable from the US. Often, ICE (Immigration Custom Enforcement) places a hold on individual who is in State detention facilities, but an undocumented person can be also apprehended at the airport, or a bus station. An immigration de ...