Criminal Defense of Immigrants

Chapter

§6.1 I. Introduction
§6.2 II. Strategy
§6.3 III. Release from Criminal Custody
§6.4 A. Working with Immigration Counsel
§6.5 B. Whether to Obtain Release from Criminal Custody
§6.6 C. Due Process Presumption in Favor of Release
§6.7 D. Effect of Noncitizen Status on Release Decision
§6.8 1. Federal Courts
§6.9 2. State Courts
§6.10 IV. Criminal Defense to Minimize Immigration Detention
§6.11 A. Immigration Holds in Criminal Cases
§6.12 1. Nature of the Immigration Hold
§6.13 2. Lifting an Immigration Hold
§6.14 3. Duration of Immigration Hold
§6.15 a. 48 Hours After Criminal Release
§6.16 b. Habeas Corpus
§6.17 c. False Imprisonment Liability
§6.18 B. Plea Negotiations
§6.19 C. Criminal Custody Conditions
§6.20 D. Accepting Early Removal
§6.21 1. General Rule
§6.22 2. Judicial Removal
§6.23 3. Stipulated Removal
§6.24 4. Suspended Execution of Sentence
§6.25 5. As Condition of Probation
§6.26 6. Early Release to Deportation
§6.27 7. Prisoner Transfer
§6.28 8. Removal Proceedings for Noncitizens in Prison
§6.29 V. Arrest by Immigration Authorities
§6.30 VI. Arrest by DHS on Criminal Charges
§6.31 A. Arrest on Immigration-Related Crimes
§6.32 B. DHS Enforcement of Criminal Arrest Warrants
§6.33 VII. Immigration Detention
§6.34 A. Importance to Immigrant Defendants
§6.35 B. Detention Priorities
§6.36 C. Detention Locale
§6.37 D. Mandatory Detention
§6.38 1. Effective Date
§6.39 2. Direct Release Not Required
§6.40 3. Avoiding Mandatory Detention
§6.41 4. "Arriving Aliens"
§6.42 5. Indefinite Detention
§6.43 E. Non-Mandatory Immigration Detention
§6.44 1. Bond
§6.45 2. Juvenile Detention
§6.46 F. Automatic Stay on Appeal
§6.47 G. Habeas Review
§6.48 VIII. Bringing Client from Immigration to Criminal Custody
§6.49 A. During Pretrial Criminal Proceedings
§6.50 B. After Deportation
§6.51 C. Entry into the United States to Attend Criminal Proceedings
§6.52 IX. Resources

§ 6.30 VI. Arrest by DHS on Criminal Charges

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The DHS can also arrest immigrants on criminal charges, both federal criminal charges relating to violations of the immigration laws of the United States, see § 6.31, infra, and enforcing state and federal criminal court arrest warrants when an immigrant comes to the attention of the DHS, as for example, in seeking admission to the United States at the border. See § 6.32, infra.