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Removal (also referred to as “deportation”) proceedings are civil, not criminal matters. Nevertheless, many noncitizens find themselves in immigration detention, often in county jails. In many cases, they may be eligible to obtain a bond from ICE or from an immigration judge. However, there are certain circumstances where noncitizens may not be eligible for an immigration bond. For instance, certain criminal convictions can disqualify them from obtaining a bond or, at the very least, significantly reduce their chances of being granted one.
This underscores the importance of consulting with an immigration attorney if you are not a U.S. citizen and are facing criminal charges. An immigration attorney with expertise in the intersection of criminal and immigration law can guide both the noncitizen and their criminal defense attorney. They can explain how pleading guilty to a particular charge might impact the noncitizen’s immigration status and affect their eligibility for bond if they are later detained by ICE.
We therefore offer consultations for noncitizens in criminal custody, or those with pending criminal charges even if not detained, to explain how their criminal case may impact their immigration status. If the noncitizen has a criminal defense attorney, it is crucial for that attorney to be present during these consultations, too. Additionally, we can work directly with criminal defense attorneys to discuss the immigration consequences of their clients pleading guilty to specific charges. The U.S. Supreme Court has ruled that the failure of criminal defense attorneys to affirmatively and correctly advise noncitizen clients about the clear immigration consequences of a guilty plea constitutes ineffective assistance of counsel. Therefore, it is essential for criminal defense attorneys to be fully informed and proactive in addressing these potential issues.
Additionally, if your loved one is in immigration custody in Kansas or Missouri, we can consult directly with the detained individual to assess their eligibility for an immigration bond and potential relief from deportation. If they qualify for bond or other forms of relief, we may also be able to represent them in immigration court.
Disclaimer:
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Call Martinez Immigration Law LLC at 816-491-8105 to schedule a consultation with a lawyer today.
Do you have any questions?
Call Martinez Immigration Law LLC today at 816-491-8105!
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
All Rights Reserved | Martinez Immigration Law LLC | Powered By Convert It Marketing | Privacy Policy
All Rights Reserved | Martinez Immigration Law LLC | Powered By Convert It Marketing | Privacy Policy