Blog

Major Victory in Immigration Court today!

Posted by Nita Kundanmal | Oct 11, 2018 | 0 Comments

Based on the very recent Third Circuit Court of Appeals decision, Guerrero-Sanchez v. Warden York County Prison, I successfully argued in New Jersey Immigration Court today that my client, who had been detained for 11 months, was entitled to a bond hearing and asked the Immigration Judge set a reasonable bond. I was told that I was the first attorney to make this argument. 

The Guerrero Sanchez case applies to individuals who reentered the United States after having been previously removed from the United States. If and when ICE apprehends the individual who reentered, it reinstates the prior removal order and the individual may be deported without the opportunity to see an Immigration Judge. However, if the individual expresses a fear of returning to his of her home country, and if credible, he or she may present their claim to an Immigration Judge. ICE then detains the individual for prolonged periods of time while the case is pending. This prolonged detention extends for years in some cases. The Third Circuit ruled that such individuals are entitled to a bond hearing after they have been detained for 6 months, if they can show that their removal is "not imminent". Not imminent means that the detained person must show that ICE cannot deport him or her soon and that if he or she is not released that they will be detained for a significant length of time. 

If you are concerned about a detained person about contact me to inquire if the person can benefit from this legal argument.

About the Author

Nita Kundanmal

It is important for your immigration attorney to understand your needs and address your concerns. Attorney, Nita Kundanmal, is an immigrant, and our Spanish-speaking staff are also immigrants. With this life-experience, we are able to relate to our immigration clients needs and dedicate ourselve...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

If you need legal advice relating to any immigration matter, you should contact an experienced immigration attorney as soon as possible to give you the best chance for success. Contact the Law Office of Nita Kundanmal for help with your immigration concerns.

Menu