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300 S. Daytona Ave., #877, Flagler Beach, FL 32136
 Office: (386) 338-3462 | Fax: (386) 463-5373 

Ohio Office
5533 Southwyck Blvd., Suite 101, Toledo, OH 43614
Office: (419) 867-9966 | Fax: (386) 463-5373
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  • Are you detained by ICE for removal?
  • Do you have a friend, family member or loved one detained by ICE?
  • Do you know someone that has an ICE hold or detainer filed against him?
  • Do you know someone recently convicted of a crime that is currently in jail serving his sentence?
The Department of Homeland Security (DHS) routinely detains non-citizens prior to and during deportation and removal proceedings. Immigration and Customs Enforcement (ICE) [a branch of DHS] will set the bond amount based on the criminal and immigration history of your friend or loved one. ICE may refuse to set a bond. You can appeal this decision by asking an immigration judge for a bond redetermination.

Bond Redeterminations

If ICE has either denied bond or set a bond amount that is too high, an attorney or the detained person may ask an Immigration Judge (IJ) to change it. The IJ can either lower or raise the amount. The IJ will review factors such as the person’s length of residence in the United States, whether he might qualify for immigration status, whether he is a flight risk, and the potential harm he may pose to the community if released.

Mandatory Detention

Foreigners convicted of certain crimes may not be eligible for bond—either one issued by ICE or by the Immigration Judge. Convictions for crimes involving moral turpitude, aggravated felonies, and controlled substance violations generally cause a “no-bond” determination. Your friend or loved one who is detained by ICE under these circumstances may appeal the decision by filing a Joseph motion with the Immigration Judge. If your friend or loved one can show the Judge that there is a “substantial likelihood” that DHS/ICE cannot show that the criminal convictions render them removable or deportable, the Judge can set a bond amount and order ICE to release the individual.

The intersection of criminal and immigration law is complex and difficult to navigate. Even many attorneys are at a loss for how to argue that an individual's criminal conviction does not support removal or deportation. If DHS/ICE is holding a friend or loved one without bond, it is important to contact an experienced immigration attorney immediately. To discuss your friend or loved one's case, please call us at (419) 867-9966 today.