Tooby's California Post-Conviction Relief for Immigrants

(A)

If counsel can understand how their client may come in contact with the immigration authorities, counsel can understand how their client can avoid such contact (and likely immigration detention), at least until the client can obtain an immigration-safe disposition in the criminal case.  For example, noncitizens are often found by immigration authorities while in criminal custody, and an immigration hold is placed, meaning that they will automatically move directly into immigration detention upon release, instead of being released from criminal custody into freedom.

In general, the immigration authorities do not search out removable noncitizens in the community.[51]  Rather, they wait for these noncitizens to come to them. The noncitizen may go into the DHS offices for an interview or to obtain a renewed green card, for example, or try to pass through an immigration checkpoint, airport, or border.

[51] This is beginning to change, starting with sex offenders, but the government may move on to drug traffickers and other high priority cases if greater resources become available.