Criminal Defense of Immigrants

If the immigration authorities believe a noncitizen defendant is removable, they can arrest and detain him or her subject to release on immigration bond, which is very similar to release from criminal custody on criminal bond.  Many noncitizens can meet these bond requirements, and secure release from immigration detention, unless they are held subject to mandatory immigration detention without possibility of bond.  If they are in mandatory immigration detention, it is impossible for them to be released pending the final conclusion of removal proceedings.  Immigration detention is very onerous, and many detained noncitizens cannot tolerate the months or years of mandatory immigration detention necessary before a final resolution of the removal case in their favor is achieved.  Therefore, mandatory immigration detention often causes removal even if the noncitizen is not properly removable.  The entire outcome of the immigration removal case may therefore depend on whether or not the noncitizen is subject to mandatory detention.