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

§ 6.32 (A)

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(A) In General. The border patrol is beginning to arrest noncitizens at the border who have a state or federal criminal arrest warrant outstanding. The DHS computer systems are succeeding in accessing state and federal criminal warrants as part of their sweeps, and the Border Patrol is holding the noncitizens in custody for pick up by law enforcement from the courts issuing the warrants. They accompany the noncitizens with immigration detainers, if there are grounds on which to detain the noncitizens, so after completion of the criminal case and sentence, if any, the noncitizens are returned in custody to the immigration authorities for possible removal proceedings.