June has been a historic month for the Supreme Court, which released many groundbreaking, seismic opinions ranging from the Second Amendment (New York State Rifle and Pistol Assn, Inc. v. Bruen) to abortion (Dobbs v. Jackson Women’s Health Organization). Although it...
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Immigrants Not Entitled to Periodic Bond Hearing After Detention
Although it inexplicably escaped much attention, the Supreme Court finally issued its ruling on Jennings v. Rodriguez late last month. In a 5-3 decision, the high court ruled that non-US Citizens are not entitled periodic bond hearings while being detained by the...
Drunk Driving Arrests Can Be Basis For Immigration Detention | Bond Hearings
A very disturbing decision came out last week pertaining to the effect of DWIs on immigration custody determinations. The case is Matter of Siniauskas, 27 I & N Dec. 207 (BIA 2018), and it is particularly important and relevant these days given the alarming number...
How To Get Bond or Secure Release From Immigration Detention in NJ
One of the most pressing questions and concerns that a foreign national and concerned family members or friends have after a non-US Citizen is picked up by Immigration and Customs Enforcement ("ICE") is how to secure that person's release. Some are understandably...
New PEP Program Means Changes To Immigration Holds in NJ
Few people may be aware that the much-vilified Secure Communities Program has actually been discontinued and replaced by a purportedly more focused Priority Enforcement Program, or "PEP." The death knell of Secure Communities was actually heard in November of 2014...
How To Get Out of Mandatory Detention | No Bond Immigration Holds
The rules regarding whether an alien is subject to mandatory detention are found within the Immigration and Nationality Act (INA), particularly Section 236(c). Under section 236(c), mandatory means what it says: the individual must be taken into custody and detained;...
Secrets ICE Doesn’t Want You To Know About Getting Out of Detention
How does an immigrant or alien who has been picked up by Immigration and customs Enforcement (ICE) get released from custody? This is an extraordinarily complex area of law. Unfortunately, immigration is not here to help you, so it would not be prudent to rely upon...
What are Immigration Bail Bonds and How Do They Work?
One of the most important questions family members will have upon learning that one of their loved ones has been detained by the Department of Homeland Security is how to get them released. When an Immigration and Customs Enforcement ("ICE") officer arrests or takes...
Immigration Detainer in New Jersey Are Not Legally Binding On Jails
In March of 2014, the US Court of Appeals for the Third Circuit issued an important precedential decision that has significant ramifications for aliens held in prisons and jails pursuant to detainers placed by Immigration and Customs Enforcement ("ICE"). The Court...
End of 287(g) and the Rise of Secure Communities
On December 21st 2012, Immigration and Customs Enforcement (ICE), announced the end of the 287(g) program. What does this mean for you? First, a review of what the 287(g) program was, and second, what will ICE replace it with? The 287(g) program allowed ICE to...