Mandatory Detention
The following classes will be deemed ineligible for bond under the law’s “mandatory detention” provision, if the non-citizen was convicted of the following after October 10, 1998:
- An aggravated felony,
- Two or more crimes of moral turpitude,
- Controlled substance offense of more than 30 grams of marijuana,
- Firearms offense,
- Certain miscellaneous crimes, or
- Single crime of moral turpitude if you were sentenced to a term of imprisonment of at least one year.
In addition, irrespective of any criminal convictions, a non-citizen can be held during the course of the proceedings if he or she is (a) an arriving alien, (b) a person with a previous order of deportation or (c) a person subject to deportation on terrorist grounds. A person whose case is pending while detained is referred to as a “detained” case, while a person who is able to make bond and is free during proceedings is referred to as a “non-detained” case.
A detained case will be usually completed within 6 – 12 weeks from the date of the arrest and, consequently, a challenge to the mandatory detention may not be worthwhile. On the other hand, if it is important to you that the non-citizen be released during the pendency of the immigration case, there are numerous challenges that can be made against mandatory detention that have not been fully evaluated by the appellate courts and may be worthwhile to pursue through a habeas corpus lawsuit against the USICE. It is critical, however, that you consult with an experienced deportation lawyer to determine various options available to you.
