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We not too long ago gained a bond case the place the chances have been undoubtedly stacked in opposition to us. Our shopper was his nation’s greatest reggaeton star. Masked policemen pulled over our shopper and his three bandmates and threatened at gunpoint to kill them in the event that they didn’t make a month-to-month “safety” cost. Our shopper and his bandmates have been scared for his or her lives and tried unsuccessfully to provide you with the quantity demanded by the police. After failing to obtain the primary cost, the police shot and killed our shopper’s bandmates. Fortunately, the police didn’t see our shopper or he additionally would have been murdered. Our shopper fled his nation the following week and was instantly detained and positioned in removing proceedings after getting into the U.S.
After our shopper sat in detention for six months, the immigration choose held a listening to and denied his utility for asylum. We shortly thereafter requested a bond. The immigration choose denied bond as a result of he deemed our shopper a “flight danger.” In different phrases, the immigration choose felt that there was a excessive danger that our shopper wouldn’t present up for any future hearings if he have been launched on bond. The immigration choose gave no purpose for this discovering, and our shopper remained detained.
A number of months later, a U.S. District Court docket choose in Columbus, GA issued an order in an immigration-based habeas corpus case requiring that the federal government bear the burden of proving a bond applicant to be a flight danger or a hazard to the group. Beforehand, in immigration proceedings, the overseas nationwide had at all times borne the burden of displaying she or he was not a flight danger or a hazard to the group.
We then requested the immigration choose for a second bond listening to as a result of change in legislation. At our second bond listening to, the immigration choose understood that the federal government had no foundation for arguing our shopper was a flight danger, i.e. the federal government failed to hold its burden of proof. The immigration choose granted our shopper a bond, our shopper’s household paid the bond the following day, and our shopper was launched after spending virtually 16 months in detention.
Most prison convictions will lead the federal government to argue that the noncitizen poses a hazard to the group. Likewise, the federal government normally argues that latest arrivals to the U.S. pose a flight danger. Within the absence of a number of severe prison convictions, although, there may be typically no legitimate purpose to detain a noncitizen who’s ready for an immigration choose to listen to his or her case.
Immigration bond proceedings require an skilled immigration lawyer who can current a robust, documented argument for a bond to the immigration choose. Name the immigration attorneys at Antonini and Cohen if in case you have a beloved one in immigration detention anyplace within the U.S. Our immigration attorneys have virtually 100 years of mixed immigration expertise. We all know the right way to make a robust argument for a bond. Name us for a session.
HAVE QUESTIONS? YOU CAN ALWAYS COME TO ANTONINI & COHEN WITH YOUR IMMIGRATION QUESTIONS. WE ARE HERE TO HELP.
For extra info or questions on how these new insurance policies would possibly impression you, attain out anytime on-line or give us a name (404) 850-9394 for help with any immigration challenge you’re dealing with.
Antonini & Cohen
At Antonini & Cohen, we’ve been offering energetic, efficient and aggressive illustration in all areas of American immigration legislation since 1991.
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