LexisNexis® Legal Newsroom
How ICE Justifies a 'No Bond' Policy for Refugee Kids

In Artesia, NM , (and soon, Karnes City, Texas and Dilley, Texas ) ICE is arguing in Immigration Court that the refugee mothers and kids from Central America should be held without bond. They base their argument on a 2003 case decided by then-Attorney General Ashcroft during the Haitian crisis, bolstered...

Advance Copy of EOIR Proposed Rule: Separate Representation for Custody and Bond Proceedings

"This document proposes to amend the Executive Office for Immigration Review (EOIR) regulations relating to the representation of aliens in custody and bond proceedings. Specifically, this rulemaking proposes to allow a representative before EOIR to enter an appearance in custody and bond proceedings...

EOIR Proposed Rule: Separate Representation for Custody and Bond Proceedings

"This document proposes to amend the Executive Office for Immigration Review (EOIR) regulations relating to the representation of aliens in custody and bond proceedings. Specifically, this rulemaking proposes to allow a representative before EOIR to enter an appearance in custody and bond proceedings...

Unpub. BIA Bond Victory; El Salvador; Asylum; El Paso; Virginia

"On appeal, the respondent argues that the Immigration Judge erred in concluding that she was an extreme flight risk and that no amount of bond would reasonably assure her appearance at future immigration proceedings. The appeal will be sustained. The respondent, a native and citizen of EI Salvador...

Dangerous By Decree: Detention Without Bond in Immigration Proceedings - Margaret H. Taylor

ICE attorneys at Artesia and Karnes City are citing Matter of D-J- for the proposition that all Central American asylum seekers should be held without bond. In Dangerous By Decree: Detention Without Bond in Immigration Proceedings , 50 Loyola Law Review 149 (2004) (Symposium on Immigration Law and Terrorism...

Unpub. BIA Bond Jurisdiction Victory: Matter of Cerda Reyes

"The respondent appeals from the Immigration Judge's March 13, 2014, decision determining that she lacked jurisdiction under 8 C.F.R. § 1003.19(c) to consider his request for a change in custody status. ... The instant appeal requires us to determine whether the rules for applying for a...

Immigration Judge Hears Bond Pleas By Video, 1,700 Miles Away

"Immigration Judge Quynh Bain keeps having to interrupt the witness to ask her to slow down her account of the night that some Mara-18 gang members ran her off the road in her hometown in El Salvador. “Please remember,’’ the judge tells her through an interpreter, “that one...

Victory, Shadowed by Injustice: Bond Hearings in Karnes (AILA Leadership Blog)

"Yesterday was one of the happiest days in my life as an immigration lawyer. I’m helping out pro bono with clients at the Karnes Family Detention Center in Texas and yesterday Immigration Judge Glenn McPhaul granted a $1500 bond to my client from El Salvador and her 19 month old toddler...

Class Action Lawsuit Challenges Obama's Intimidation of Refugee Moms, Kids

"The American Civil Liberties Union today filed a nationwide class-action lawsuit challenging the Obama administration's policy of locking up asylum-seeking mothers and children to intimidate others from coming to the United States. The case was brought on behalf of mothers and children who...

ACLU / NWIRP Joint Practice Advisory: Conditional Parole

DHS Files Brief to the BIA Acknowledging that IJs May Grant Release on Conditional Parole Under INA § 236(a) as an Alternative to Release on a Monetary Bond "On January 21, 2015, the Department of Homeland Security (“DHS”) filed its brief with the BIA. There, DHS concedes that...

Unpub. BIA Bond Victory for Salvadoran Refugee Family at Karnes; Matter of D-J- Distinguished

"The Department of Homeland Security appeals from the Immigration Judge's orders, dated October 2 and 3, 2014, granting the respondents' requests for a change in custody status. The Immigration Judge issued a bond memorandum on November 5,2014, setting forth the reasons for his decision...

Costly Bonds Leave Women Refugees Languishing in Detention

"Ever since thousands of Central Americans sought asylum in Texas last summer, the White House has been trying to stop other families from doing the same. One of its most controversial tactics is to lock up asylum-seeking women and children in detention facilities and charge such high immigration...

Court Enjoins 'Deterrence' Theory on Immigration Court Bonds for Refugee Moms, Kids

"A federal court today granted a preliminary injunction putting an immediate halt to the Obama administration's policy of locking up asylum-seeking mothers and children as a way to deter others from coming to the United States. The American Civil Liberties Union filed the case on behalf of...

BIA on Bond Hearing Venue: Matter of Cerda Reyes

Official Headnote : "The rules for applying for a bond redetermination at 8 C.F.R. § 1003.19(c) (2014) relate to venue, not jurisdiction." - Matter of Cerda Reyes , 26 I&N Dec. 528 (BIA 2015). [Note Footnote 8: "We recognize that there must be coordination between the OCIJ...

Immigration Judges Ordered To Consider Conditional Parole

"A Washington federal judge on Monday ordered immigration judges in Seattle and Tacoma to start considering conditional parole for immigrants hoping to leave detention, rather than monetary bonds, and granted class certification and judgment to plaintiffs accusing the courts of requiring a bond...

Double Win for Shagin, Burch: CA3 Remands Chavez-Alvarez, Orders Bond Hearing; Gov't Position 'Scarcely Passes the Laugh Test'

Tremendous victories for Valerie Burch and Craig Shagin ! Hats way off! 1. "Jose Juan Chavez-Alvarez petitions the Court for review of a decision of the Board of Immigration Appeals (BIA) [ Matter of Chavez-Alvarez, 26 I&N Dec. 274 (BIA 2014) ], which affirmed the determination of the Immigration...

236(c) habeas victory in NY: Cruzeta-Bueno

"Cruzeta-Bueno argues that § 1226(c) does not apply to him because he was not detained "when . . . released" from custody for an enumerated offense, as the statute requires. ... The Court thanks the Government for its candor and professionalism. The Government's concession saves...

Updated Rivera v. Holder Practice Advisory (Release on Conditional Parole; Alternative to Monetary Bond)

(Current as of May 1, 2015) - Immigration Judges’ Authority to Grant Release on Conditional Parole Under INA § 236(a) as an Alternative to Release on a Monetary Bond " This advisory discusses the recent decision in Rivera v. Holder, --- F.R.D. ----, [2015 U.S. Dist. LEXIS 48370] (W...

Advance Copy of ICE Final Rule: Change to Existing Regulation Concerning the Interest Rate Paid on Cash Deposited to Secure Immigration Bonds

"The Department of Homeland Security is amending its regulations addressing the payment of interest on cash bond deposits to explicitly provide that the Department of the Treasury (Treasury) will set the interest rate. Treasury will notify the public of its interest rate determinations by publishing...

ICE Final Rule: Change to Existing Regulation Concerning the Interest Rate Paid on Cash Deposited To Secure Immigration Bonds

"The Department of Homeland Security is amending its regulations addressing the payment of interest on cash bond deposits to explicitly provide that the Department of the Treasury (Treasury) will set the interest rate. Treasury will notify the public of its interest rate determinations by publishing...

DHS Statement on Jailing Refugee Moms, Kids

"ICE Director Saldaña and I understand the sensitive and unique nature of detaining families, and we are committed to continually evaluating it. We have concluded that we must make substantial changes to our detention practices when it comes to families. Last summer we faced an unprecedented...

NYU Law Immigrant Rights Clinic Practice Advisory: Understanding Lora v. Shanahan and the Implementation of Bond Hearings for Immigrants in Prolonged Detention

Understanding Lora v. Shanahan and the Implementation of Bond Hearings for Immigrants in Prolonged Detention, Nov. 18, 2015 "This practice advisory discusses the Second Circuit’s decision in Lora v. Shanahan, No. 14-2343 , -- F.3d -- , [ 2015 U.S. App. LEXIS 18803] (2d Cir. Oct. 28, 2015...

FOIA Lawsuit Filed Seeking Hutto Bond Data: Gilman v. ICE

Jazmine Ulloa, Austin American-Statesman, Dec. 30, 2015 - "As a national debate has simmered this year over the detention of immigrant families, a University of Texas law professor is seeking access to public records that she says could prove officials are setting higher bonds for women at the T...

Class Action Challenges DOJ/DHS Bond Policies in Immigration Court Cases: Hernandez v. Lynch

ACLU, Apr. 6, 2016 - "The federal government sets unreasonable bonds for detained immigrants, including asylum seekers, by failing to consider immigrants’ financial resources or ability to pay, according to a class action lawsuit filed today . The suit, filed by the ACLU Foundation of Southern...

CA11 on Mandatory Detention, Bond, Habeas: Sopo v. U.S. Atty. Gen.

Sopo v. U.S. Attorney General, June 15, 2016 - "We recount Sopo’s: (1) personal background; (2) protracted removal proceedings; and (3) federal habeas case. We then discuss (4) the federal statutory framework governing the civil detention of criminal aliens and (5) Supreme Court decisions...