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, contact me to inquire if the person can benefit from this legal argument.