There are two ways in which an undocumented person can be facing deportation proceedings: 1) under ICE’s custody or 2) not being in custody (through bond or personal recognizance).
Any undocumented is in constant risk of being detained by ICE.
The reality is that they are not prepared to face these types of scenarios and they do not have the financial resources to hire an attorney or to pay an immigration bond.
After the detention, the undocumented is put removal proceedings. This means that the undocumented person will have the opportunity to fight the case before an immigration judge. Generally, immigration judges are the ones who determine if the person can stay in the United States or if they have to leave the country with a deportation or a voluntary departure.
If a person is held by ICE, Attorney Rodriguez will interview the detainee and will obtain relevant legal information but simultaneously will calm the detainee down. With the information obtained, Attorney Rodriguez makes a thorough legal analysis of the case to determine if the detainee qualifies for a bond and if there is an immigration relief. If the detainee is eligible for a bond, Attorney Rodriguez will inform the family about it.
Once Attorney Rodriguez is hired for the bond hearing, the family gathers the necessary evidence about the detainee to prove to he is not a threat to society and that it has enough ties to the United States to ensure he will return to future hearings. Then a strong bond motion and supporting document package is prepared for the purpose of achieving the detainee’s release. Thereafter, Attorney Rodriguez will attend to the bond hearing where legal arguments are conducted trying to persuade the judge to grant the bond. If the judge grants it, the detainee will be able to leave the detention center after posting payment of it.
The lowest bond amount that a judge may grant is $1500 dollars and there is no maximum amount. If the bond is denied, Attorney Rodriguez may appeal the decision but the undocumented will have to remain in detention. It is important to mention that by issuing a bond it does not mean that the undocumented obtains a legal status and deportation proceedings will continue until an immigration judge will decide his faith.
If the undocumented was never under the ICE’s custody, the person will have to attend to a series of preeliminary hearings called master calendar hearings before an immigration judge. Undocumented people commonly think that at the first hearing everything is decided and that is incorrect.
In these series of hearings, Attorney Rodriguez, the government’s attorney, and the judge will review the evidence presented. Finally, the judge will set a date for a final hearing during which witnesses are presented, a judge hears testimonies from all parties involved and with all the information gathered the judge makes a decision in favor or against the undocumented. If the decision is positive, the undocumented obtains the residency or a certain type of legal protection. In case of a negative decision, Attorney Rodriguez can appeal it to the Board of Immigration Appeals or to hiher courts.
Being in removal proceedings is very unpleasant and a lot of stress is involved. Attorney Rodriguez and his staff will help you so that this very complicated process will not become a nightmare. He is very experienced in representing undocumented people before immigration courts. Book an appointment with him so he can hear your case and determine if there is a possible defense for removal.