Criminal Defense of Immigrants

(B)  Travel Advisory.  If a person with lawful status travels outside the country, but has a pending arrest warrant for a criminal charge, and attempts to return, ICE may parole them into the United States, turn them over in custody to the jurisdiction which issued the warrant, and then lodge an immigration detainer against them.  If the person is then released by the criminal court on bond or O.R., the person is then released directly to ICE custody.  The immigration authorities will often release them pending trial if there are assurances that ICE will be notified of each court date and if the client is not subject to mandatory immigration detention.  Noncitizen clients with criminal issues, i.e., prior criminal history or current criminal warrants outstanding, must therefore be advised not to leave the United States without first checking carefully with an immigration lawyer who has experience with criminal issues.  The grounds of inadmissibility are in many cases broader than the grounds of deportation, and the burden of proof is on the noncitizen, not on the government, to show s/he is admissible to the United States.