Immigration Court Finds Our Client Not Subject to Mandatory Detention

Our client is a native and citizen of Canada who has been a Lawful Permanent Resident of the United States for over 54 years.  Unfortunately, he was recently convicted of two crimes which, even though they were minor crimes, make him deportable from the United States.  He was taken into immigration custody and detained at the Buffalo Federal Detention Facility in Batavia, New York.  Immigration and Customs Enforcement argued that his criminal convictions made him subject to mandatory detention, which meant that he would have to remain in the immigration jail during his deportation proceedings.

We argued that, because our client was never in custody as result of his convictions, he was not subject to mandatory detention, and should be released on an immigration bond.  The Immigration Judge held a “Joseph Hearing” to determine whether our client was subject to mandatory detention.  We prepared a detailed brief setting forth our legal analysis, citing the relevant caselaw, and explaining why our client was not subject to mandatory detention.  We showed that our client should be released on an immigration bond, because he is not a danger to the community and not a flight risk.

After reviewing our brief, supporting documents, and listening to our oral arguments, the Immigration Judge agreed with our arguments, and found that our client was never in custody as a result of his convictions and that therefore he is not subject to mandatory detention.  The Immigration Judge found that our client could be released on an immigration bond, that he is not a danger to the community, that he is not a flight risk, and set the immigration bond at the minimum possible amount.

Our client was released from the immigration jail on an immigration bond, and we are now pursuing relief from removal on his behalf.