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Undocumented immigrant in detention

West Palm Beach, FL |

Someone very close to me has been living here undocumented for some time now. They came here when they were still a adolescent, went through their entire high school years in this country successfully receiving their diploma. They have paid all of their taxes, speak English fluently, have no criminal record whatsoever, and have several witnesses to attest to their character. They were recently picked up by immigration while traveling. This was their first encounter with them, and they are now in an ICE detention center. They have not spoken to them at the compound since they arrived. What is the best path to see if they can legally stay in this country, and do you think they have a chance of being bonded?

What advice can you offer me?

Attorney Answers 2


  1. Do they have any U.S. citizen relatives, or Lawful Permanent Resident relatives? If so it sounds like they could have a case for Cancellation of Removal for Non-Permanent Residents (also known as 10-year Cancellation). In order to qualify you must demonstrate you have not been convicted of certain crimes, that you have good moral character, that you have ten years of continuous physical presence, and that removal to your home country would result in exceptional and extremely unusual hardship to your U.S. citizen or resident qualifying relatives (including children, parents, or spouse only). Exceptional and extremely unusual hardship is a very high standard and difficult to meet.

    If he has no criminal convictions he would be bond eligible. If he has convictions, he will be bond eligible if they are not crime involving moral turpitude or aggravated felonies. If, he has either a crime involving moral turpitude or an aggravated felony he would not be eligible for Cancellation of Removal for Non-Permanent Residents.

    Sincerely,

    Deniz S. Arik, Esq.
    The Law Office of Deniz S. Arik, PLLC
    2942 North 24th St.
    Suite 114
    Phoenix, AZ 85016
    602.334.8786 (t)
    602.424.5757 (f)
    deniz.arik@azbar.org

    Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.


  2. With no criminal record, your friend is technically eligible for bond. However, the likeliood of successfully obtaining bond will depend upon whether a) the circumstances which led to your friend being detained; b) the judge beleives he will return for future hearings (i.e. likelihood he will abscond); c) the immigration status of other family members; and d) what relief from deporation you friend is eligible for. The latter will depend upon a number of different factors that should be considered includign how your friend entered the United States, what country he is from, and how long he has been in the country.

    You and/or your friend's family should consult with an immigration attorney to discuss these issues and procedurally what is involved not only in seeking bond, but what can be expected to happen if bond is granted or denied.

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