Immigration-detention and removal

My friend is being detained by immigration and I was wondering if his due process has been violated. He was taken into custody in Milwaukee, then transfered to Kenosha county jail, then Kenosha County Detention Center, and then some jail in Illinois. He has a court hearing scheduled on Monday which will be the 13 day he has been in custody, he was never served with an NTA or any other documentation. The only reason that i even know that he has a court date is because I called ICE and got an Alien ID # and then i called the immigration court to see if that # was scheduled for court. I was told that it was already sheduled but then rescheduled for Monday. My friend has no prior convictions and this is his first encounter with immigration. Is there a due process violation here?

Milwaukee, WI -

Attorney Answers (2)

Lamar Peckham

Lamar Peckham

Immigration Attorney - Santa Rosa, CA
Answered

If your friend has not been served with an NTA, and the court he is going to is Immigration Court, the government has a big problem. The only way the Immigration Court has jurisdiction is if an NTA has been filed with it. One of the first things an Immigration Judge wants to know is if the NTA was properly served. Get an experienced immigration lawyer for your friend right away.

Lamar Peckham
Law Office of Lamar Peckham
555 Sebastopol Rd., Ste. C
Santa Rosa, CA 95407
[707]527-8050
www.lamarpeckham.com

--Admitted to practice immigration law before USCIS, Immigration Courts, the Board of Immigration Appeals, US District Courts, US Circuit Courts of Appeals, the US Supreme Court--

--Practicing criminal defense law in the State of California--

--20 year member of the American Immigration Lawyers Association--

Kevin Lawrence Dixler

Kevin Lawrence Dixler

Immigration Attorney - Chicago, IL
Answered

This is unfortunate. You should have him ask for a continuance. The detained judge may give you a hard time, but ask for the list of free legal services for him. You should contact NIJC, that is the National Immigration Justice Center of the Heartland Alliance. Also, the Legal Assistance Foundation has attorneys. Finally, another organization is the Illinois Coalition on Immigrant and Refugee Rights.

Just go to the intakes on Tuesday and see what can be done. Another attorney who you may want to contact is Evelyn Marsh. However, when you go to the Immigration Court at 101 W. Congress, you may have trouble getting into the basement. That is where the Immigration Court for detained aliens is located.

I am sorry that I cannot be of further assistance. It costs too much to practice law and pro bono work needs to be limited, since too many hours often go into representing the clients who can afford to pay a fee. Good luck.

The above is general information and does not create an attorney-client relationship.

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