A Good Defense is the Best Offense

The key to successfully challenging immigration detention and deportation is preparation. While most people can still fight their case after being detained, the process usually becomes much slower and more difficult. When someone hires an attorney only after ICE has made the arrest, it can take a month or longer just to obtain a bond hearing. By contrast, with proper preparation in advance, the strongest evidence and legal arguments can be assembled ahead of time — and in some cases, this preparation can make it possible to secure release on bond within as little as a week.

Some people do not qualify for release on bond.  Most of the time, people who are subject to mandatory detention have no idea that that’s the case until they are picked up by ICE. For those individuals who are not legally eligible for release by an immigration judge, it sometimes is necessary to prepare and file a lawsuit in federal court called a petition for writ of habeas corpus.  And for others, the only thing that can be done is to fight their case to conclusion with the immigration court while they remain in ICE detention.

Preparing and litigating a deportation case — whether in immigration court or federal district court — requires significant time and effort. It typically takes several months to properly prepare a case for trial, especially for individuals who are not eligible for release while their cases are pending. For those in mandatory detention, beginning the defense early can save months of unnecessary separation from their families and can often make the difference between winning and losing the case.

To schedule a consultation with one of our experienced immigration attorneys, please click here, or contact us at 520-882-8852.