Immigration detention is analogous to criminal detention.[209]  The person detained may post cash or bond[210] in the amount set by the agency or the court and obtain release, unless the noncitizen is subject to mandatory detention.  A noncitizen may be able to work with criminal defense and immigration counsel to avoid a conviction that would trigger mandatory detention.  Criminal lawyers should attempt to obtain criminal dispositions that do not trigger mandatory detention, while immigration counsel can argue in immigration court that a given disposition does not do so.  See Chapter 6, supra.

 

                The noncitizen’s immigration status, and the ground(s) of removal to which s/he may be subject, will determine whether s/he will be subject to mandatory detention or may be released on bond, and whether the immigration judge will have jurisdiction to review the DHS bond determination.[211]  Regulations require that the DHS must notify the consulates of certain listed countries when a citizen of that country is taken into immigration detention prior to removal.[212]

 

                For further discussion of detention and bond, see Chapter 6, supra.  For a discussion of juvenile detention, see § 12.5, supra.

[209] ICE’s Detention Operations Manual may be viewed online at: http://www.ice.gov/partners/dro/opsmanual/index.htm

[210] Minimum bond is set at $1,500.  INA § 236(a)(2)(A), 8 U.S.C. § 1226(a)(2)(A).

[211] INA § § 235, 236, 236A, 8 U.S.C. § § 1225, 1226, 1226A.

[212] 8 C.F.R. § 236.1(e). 

 

BIA

DETENTION - MANDATORY DETENTION - NONCITIZEN IS SUBJECT TO MANDATORY DETENTION EVEN THOUGH NOT TAKEN INTO CUSTODY BY DHS AT TIME OF RELEASE FROM CRIMINAL CUSTODY IF STILL ON PROBATION FOR CRIMINAL CONVICTION AND RELEASED FROM CRIMINAL CUSTODY AFTER OCTOBER 8, 1998
Matter of Kotliar, 24 I. & N. Dec. 124 (BIA 2007) (noncitizen arrested at home while on criminal probation is subject to mandatory detention under INA 236(c)(1), 8 U.S.C. 1226(c)(1) (2000), regardless of the reason for the most recent criminal custody, provided it can be ascertained from the facts that he was released from criminal custody after October 8, 1998, the expiration date of the Transition Period Custody Rules). http://www.usdoj.gov/eoir/vll/intdec/vol24/3558.pdf

DETENTION - MANDATORY DETENTION - NONCITIZEN IS SUBJECT TO MANDATORY DETENTION ON BASIS OF A DEPORTATION GROUND EVEN IF NOT CHARGED WITH THAT GROUND OF DEPORTATION
Matter of Kotliar, 24 I. & N. Dec. 124 (BIA 2007) (noncitizen need not be charged with the ground of deportation that provides the basis for mandatory detention under INA 236(c)(1) in order to be considered an alien who "is deportable" on that ground). http://www.usdoj.gov/eoir/vll/intdec/vol24/3558.pdf

Other

DETENTION MAP
http://detentionwatchnetwork.org/dwn_map