Immigration Detention and Processing Procedures Melissa Salazar & Nathan Christensen

ICE HOLD A hold placed by Immigration and Customs Enforcement is simply a request by ICE to a law enforcement agency, for it to continue detaining a person in its custody after his normal release date, so that ICE can take over custody. By law, an ICE detainer lapses after 48 hours, excluding holidays and weekends, after the detainee is supposed to be released by the law enforcement agency.  So, a county jail is not supposed to hold the person for more than 48 hours after his release date.  If the county jail holds the person for longer than 48 hours, an attorney should consider requesting his release via a writ of habeas corpus.

Notice to Appear (I-862) The charging document that signals the initiation of removal proceedings against a non-citizen. It will list the allegations and the charge against the non-citizen. Issued by ICE.

Notice to Appear

Getting a Bond Mandatory Detention Arriving Aliens Getting a bond with ICE Bond Redetermination with an Immigration Judge

Getting a Bond Factors that are considered Family ties, assets, employment, time in the United States, medical issues, hardship of the family, criminal record. Probability of success.

Immigration Court Types of Hearings Master Calendar Individual Hearing (Trial)

Immigration Court Master Calendar Hearing (MCH) Notice to Appear I-213 Pleading to the NTA Strategies Categorical and Modified Categorical Approach Establishing Relief Available Prima Facie Packets/Application Set for an Individual

INA Section 101(a)(43)(K) defines as an aggravated felony an offense that- (i) relates to the owning, controlling, managing, or supervising of a prostitution business. The law states, “It shall be unlawful in the State of Oklahoma: (a) To keep, set up, maintain, or operate any house, place building, other structure, or part thereof, or vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation.” As used in the Oklahoma Statues, unless otherwise provided for by law: 1. “Prostitution” means: a. the giving or receiving of the body for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value, or b. the making of any appointment or engagement for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value; 6. “Lewdness” means: a. any lascivious, lustful or licentious conduct, b. the giving or receiving of the body for indiscriminate sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse, or lascivious, lustful or licentious conduct with any person not his or her spouse, or c. any act in furtherance of such conduct or any appointment or engagement for prostitution; (Tab A)

Immigration Relief from Removal Cancellation of Removal Permanent Residents Illegal Aliens VAWA Asylum/Withholding of Removal/CAT Adjustment of Status Readjustment of Status 212(h) Waivers INA 212(c) Relief Voluntary Departure Administrative Closure (Prosecutorial Discretion) Stay of Removal

Before the Individual Hearing Cross Service Evidence you will be providing to prove the Respondent qualifies for the relief; Affidavit from the Respondent (You get to help him control his testimony. Make sure you hit all the elements). Affidavits from family, friends, co-workers, etc. Medical Records Country Condition reports Attorney Brief (Your closing argument before the hearing even starts) Witness Prep

Immigration Court Individual Hearing- “The Trial” Respondent’s responsibility to prove they qualify for relief. Ask questions in line with your client’s affidavit and your brief. Role of the Immigration Judge Role of the Assistant Chief Counsel

No one client is worth your reputation Have a good reputation with the Immigration Judges Have a good reputation and relationship with the Office of the Chief Counsel