CASE: Bond Redetermination Hearing
APPLICANT: Chinese
LOCATION: Florence Immigration Court, AZ

Our office was contacted in late August regarding a Chinese individual detained in Florence, Arizona. This Chinese client tried to enter the United States without valid documents and was incarcerated by immigration officers.

Prior to retention, the Immigration and Customs Enforcement already set a very high bond amount.  Our client wished to have that reduced so we filed a motion for bond redetermination with the Florence, Arizona Immigration Court.  Our office communicated with him and his U.S. resident relative in New York, and gathered as much information regarding his relief, equities, criminal record, family ties, and financial ability to post bond.  We also gathered supporting documents from those relatives, from proof of their status and residence, to bank statements and tax returns.

On September 15, 2011, we represented our client for his first Master Calendar hearing.  Our client did pleadings, requested asylum relief, and requested a bond re-determination hearing.  The Immigration Judge set a bond re-determination hearing on September 27, 2011.

On September 27, 2011, we represented our client for his Florence Arizona Immigration Court bond re-determination hearing.  During the hearing, we contended that our client was eligible for asylum relief, passed his credible fear interview, was not a flight risk, had established his residence upon release, had established his financial ability to post bond, and that he had ample family ties in the United States who submitted proof of their residence and immigration status.  Our office emphasized that his lack of criminal record, designated address with contact information from his relative in the United States, ability to post bond, and eligibility for asylum relief clearly demonstrate that the bond should be reduced.  The Judge took our arguments into account and reduced the bond amount by a substantial amount.

Our client has been released and is in the process of preparing his asylum application.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other jail case success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

{ 0 comments }

CASE: Bond Redetermination Hearing
APPLICANT: Chinese
LOCATION: Florence, AZ

A family relative of a Chinese individual detained in Florence, Arizona contacted our office at the end of August.  This Chinese client tried to enter the United States without valid documents and was incarcerated by immigration officers. He was given a credible fear interview which he eventually passed.

Prior to retention, the Immigration and Customs Enforcement already set a very high bond amount. Our client wished to have that reduced so we filed a motion for bond redetermination with the Florence, Arizona Immigration Court.  Despite being in jail in Florence, we communicated with him and gathered as much information regarding his relief, equities, criminal record, family ties, and financial ability to post bond. We contacted our client’s several relatives and friends in Atlanta, Georgia. We also gathered supporting documents from those relatives, from proof of their status and residence, to bank statements and tax returns.

On September 1, 2011, we represented our client for his Florence Arizona Immigration Court bond hearing. At oral arguments, we explained that our client was eligible for asylum relief, passed his credible fear interview, was not a flight risk, had established his residence upon release, had established his financial ability to post bond, and that he had ample family ties in the United States who submitted proof of their residence and immigration status.  Our office contended that his lack of criminal record, designated address with contact information from his relative in the United States, ability to post bond, and eligibility for asylum relief clearly demonstrate that the bond should be reduced.  The Judge took our arguments and evidence into consideration and reduced the bond amount in half. Our client’s relative has thereafter posted bond and he is now out of detention to pursue his asylum claim.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other jail case success stories, please click here.

For other success stories, please click here.

Should you have questions, feel free to contact our office for free consultations.

{ 0 comments }

CASE: Bond Hearing
APPLICANT: Chinese
LOCATION: Eloy, AZ

Our firm was contacted in the middle of May regarding a Chinese individual detained in Eloy, Arizona.  She tried to enter the United States without valid documents and was incarcerated thereafter by immigration officers. She was then given credible fear interviews which she eventually passed.

Upon our retention, we immediately submitted documents to the Immigration and Customs Enforcement to inquire about the status of the bond. To our and our client’s surprise, they set a very high bond of $20,000. Our client wished to have that reduced so we filed a bond redetermination with the Eloy Arizona Immigration Court. Despite her being in jail in Eloy, we communicated with her and tried to gather as much information regarding her relief, equities, criminal record, family, and financial ability to post bond. We contacted our client’s several relatives and friends in New York. We also gathered supporting documents from those relatives, from proofs of their status, residences, to bank statements and tax returns. We also obtained notarized affidavits from them.

On June 15, 2011, we represented our client for the Eloy Arizona Immigration Court bond hearing. At oral arguments, we said that our client was eligible for asylum relief, passed his credible fear interview, was not a flight risk, had established her residence upon release, had established her financial ability to post bond, and that she had ample family ties in the United States who submitted proofs of their residence and copies of their immigration status.  As mentioned previously, the government’s position was a $20,000 bond. Our office argued that a bond of $5,000 would be reasonable in light of the factors under Matter of Patel.  Our office contended that her lack of criminal record, designated address with contact information from her relative in the United States, ability to post bond, and eligibility for asylum relief clearly demonstrate that $5,000 would be reasonable.  The Judge took our arguments and evidence into consideration and a bond of $5,000 was granted. Our client’s relative has thereafter posted bond and she is now out of detention to pursue her asylum claim.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

{ Comments on this entry are closed }

CASE: Bond Hearing
APPLICANTS: Chinese
LOCATION: Florence, AZ

Our firm was contacted in early April regarding two Chinese individuals detained in Florence, Arizona.  They tried to enter the United States without valid documents and were incarcerated thereafter by immigration officers. They were then given credible fear interviews which they eventually passed.

Upon our retention, we immediately filed bond hearings for our two clients. Despite them being in jail in Florence, we communicated with them and tried to gather as much information regarding their relief, equities, criminal record, family, and financial ability to post bond. We contacted our clients’ several relatives and friends in New York and Alabama. We also gathered supporting documents from those relatives, from proofs of their status, residences, to bank statements and tax returns. We also obtained notarized affidavits from them.

On April 26 and 27, 2011, we represented our clients for the Florence Arizona Immigration Court bond hearings. We argued that our client was eligible for asylum relief, passed credible fear interviews, were not flight risks, had established their residence upon release, had established their financial ability to post bond, and that they had ample family ties in the United States who submitted proofs of their residence and copies of their immigration status. The Judge took our arguments into consideration and a bond was granted thereafter. Our clients’ relatives have thereafter posted bond and they are now out of detention to pursue their asylum claims.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

{ Comments on this entry are closed }

CASE: Jail Release
NATIONALITY: Chinese
LOCATION: Virginia
ISSUE: Bond and Release Jurisdiction

Our client’s niece retained us to release her aunt from immigration custody in Virginia. She retained us within one week of her scheduled Master Hearing with the Arlington Immigration Court. Our client came with a fake Singapore passport and after the Immigration and Customs Enforcement (ICE) interrogated her, she was placed in asylum only proceedings. She had a master hearing in less than a week with the Arlington Immigration Court. Since Singapore is a visa waiver country, and she came in with a fake passport from Singapore, possible bond and release rest on the jurisdiction of ICE, not with the Immigration Judge. Prior to the hearing, we gathered as much information as possible regarding her asylum claim. We took pleadings at the Master Hearing on March 2, 2011 and a Master Reset was scheduled in May for submission of the application. Afterwards, we coordinated with the Immigration and Customs Enforcement to request our client’s release. We sent proof of residence documents upon release, an affidavit from the person whom she would live with, financial documents from her sponsor, a summary of her asylum claim, a brief in support of her release, and other documents. We followed up with the officers multiple times, leaving voice mails and sending emails almost daily. Finally, on March 23, 2011, ICE informed us that based on the information they received, they decided to allow the release of our client on no bond. She is now out of jail and is better equipped to prepare for her asylum case.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

{ Comments on this entry are closed }

CASE: Bond Hearing

APPLICANTS: Chinese

LOCATION: Houston Texas

Our firm was contacted in early November regarding 4 Chinese individuals detained in Houston. They entered with fake documents at the George Bush International airport and was detained thereafter by immigration officers. The government informed them and they confirmed with us that it was a “no bond” situation. That meant they would not be released by the Department of Homeland Security even on a bond.

The only recourse was to argue their eligibility for a bond with the Immigration Judge in Houston. Upon our retention, we immediately filed bond hearings for our 4 clients. Despite them being in jail in Houston, we communicated with them and tried to gather as much information regarding their reliefs, equities, family, and financial ability to post bond. We contacted our clients’ several relatives and friend in Philadelphia and New York. We also gathered supporting documents from those relatives, from proofs of their status to bank statements and tax returns. In order to clearly show the Judge our clients’ eligibility for relief, we worked with our clients to prepare an asylum application even though it was not due, just to attach it as an exhibit and present the government and the Judge what their claims are about.

On November 20, Attorney Glen Yu represented our clients for the Houston Immigration Court bond hearing. He argued that our client was eligible for asylum relief, were not flight risks, had established their residence upon release, had established their financial ability to post bond, and that they had ample family ties in the United States who submitted proofs of their residence and copies of their immigration status. The Judge took our arguments into consideration and a bond was granted thereafter. On November 24, the bonds were posted and all of our clients are now out of jail. They can now better prepare for their asylum cases as they are now not detained.

dev.sarmientoimmigration.com

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

{ 0 comments }

CASE: Jail Case

CLIENT: Mexican

LOCATION: Ohio

CLIENT’S RESIDENCE: New Jersey

Our firm was retained on September 29, 2010 to have a Mexican national released on bond. He was detained in Seneca County Jail in Tiffin Ohio. Our contact was his employer in New Jersey. Prior to retention, we already told the contact what we needed. Our client came in the United States illegally in March 1999, had no criminal records, was employed, had a permanent home in the U.S., and had two U.S. Citizen children. Upon retention, we immediately contacted the Immigration and Customs Enforcement and explained that our client was not a flight risk. We showed documents including his bank statement, proof of lease, and birth certificates of his U.S. Citizen children. We explained that our client would be prima facie eligible for Cancellation of Removal. The next day, ICE granted our client’s release on a $5000 bond. We immediately spoke with our client’s contact in New Jersey and guided him in the process of posting a bond. We did our own research to look for specific bond companies in New Jersey to aid our client. Our office had to call ICE and the bond company several time to coordinate the information and make sure systems were updated regarding the bond posting. Our client’s contact was hoping he gets released before the weekend, or else he would have to spend an extra two days in jail. On October 1, 2010 Friday, at around 1:45pm, our client was released. He currently is in New Jersey awaiting his hearing where he would apply for cancellation for removal.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

{ Comments on this entry are closed }

CASE: Bond Hearing With Immigration Judge. Detained Case.
NATIONALITY: Sri Lanka
WHERE DETAINED: York, Pennsylvania

This immigration release and bond redetermination approval was for a  Sri Lankan national who came to the U.S. on a B-2 visa a few years ago and overstayed. About 2 weeks ago, he was caught by immigration officers and was detained in York, Pennsylvania. A bond hearing was set for him with the Immigration Judge.

A week before his bond hearing, our office was retained. He was in a tough position because he did not have any relief from removal as of that point. He was not married, had no fear of returning to Sri Lanka good enough for asylum (plus the fact that he’s been in the U.S. for over a year). He mentioned he had a girlfriend who was a U.S. Citizen and they planned to get married. However, he’s in jail. Another factor the Immigration Courts look to is the presence of immediate family members in the United States. He did not have any. We explained to him the factors a Judge looks at in bond hearings – family members, availability of relief especially. We explained it is going to be tough but we’ll do our best.

We gathered as much evidence of his relationship with his girlfriend. One of his friends also submitted an affidavit of support to show his ability to pay a bond if one is issued. Despite the bond hearing date coming up and the fact that our office was only retained about 6 days before the bond hearing, we were able to submit all supporting documents to the Court a day before the bond hearing.

At the bond hearing, the Judge asked whether there was any relief as of this point. There was none but with the supporting documents we had, we argued that even if our client did not have relief, that upon release he will get married to his U.S. Citizen girlfriend. We argued that the relationship is bona fide based on the submitted supporting documents, a detailed letter and some pictures of the couple included. We argued that immediately after the marriage, his girlfriend would file an immigrant petition for him which upon approval would enable our client to file for adjustment of status (green card).

The Judge granted a release on bond and adjourned the hearing. The Judge also noted that after he gets released and goes back home to Chicago, we may file a Motion to Change Venue which he would grant.

Our client is now out of jail and back with his girlfriend in Chicago.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

{ 0 comments }