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Detention and Removal

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Detention - If your family member has been detained you want to know where they are and how soon they will be released.  Know your rights. 

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You may be detained after a traffic violation, attempting to cross the border, or for some other reason.  In each of these instances, you have certain rights.  First, if you have been detained by Immigration and Customs Enforcement (ICE) you have the right to speak with an attorney at your expense.  The government is not obligated to provide you with an attorney. Second, you also have the right to be released after 48 hours have lapsed on a Immigration detainer and after you have completed your time in jail for a crime or bond has been posted.  Third, if you are not subject to mandatory detention or are not an arriving alien, you may be eligible for release with an Immigration bond.  KNOW YOUR RIGHTS!

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Removal - When a family member is in removal proceedings, you want to know what options are available as a defense to removal .  Your defense to removal must be presented to an immigration judge during a hearing in immigration court.  If you have received a Notice to Appear, it is very important that you attend your Master Calendar hearing.  If you do not, an immigration judge may order you removed in your absence. 

There may be several options available to you as a defense to removal.

 

  These options include cancellation of removal for non-lawful permanent residents, prosecutorial discretion, or petitions for victims of certain crimes committed in the United States.  If no defense to removal is available, you may be eligible for voluntary departure.  Removal proceedings can be challenging and it is important not to miss filing deadlies.  We have experience litigating cases in immigration court from bond hearings to removal proceedings. 

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Contact an attorney with Hurst Immigration, PLLC to understand your rights when you or your family members have been detained or find themselves in removal proceedings.