December 2011 Archives

Mandatory Detention: Is there a way out?

December 6, 2011, by

Many removable non-citizens are subject to the draconian immigration law of mandatory detention because of their criminal convictions. A lot of people will actually spend more time detained by ICE than the time for which they were originally incarcerated or imprisoned for their criminal charges and convictions.

Immigration detention is not supposed to be a punishment. However, mandatory detention can turn into a form of punishment when ICE is not convinced to exercise its authority to parole individuals pending removal proceedings. A strong case should be made for ICE to make a determination that a person should be paroled because they are neither a flight risk nor a danger to the community. A similar approach that is employed in requesting a bond with the Immigration Court should be made with ICE in the form of a request for parole.

A careful analysis of eligibility for relief from removal should be made and explained to ICE along with the traditional factors which demonstrate that an individual is not a flight risk nor a danger to the community. Carefully drafted and well-argued requests for parole may have an impact on ICE, which may very well result in the release of many people from mandatory detention.

For more information about mandatory detention, please contact Miami immigration lawyer Antonio Revilla at (305) 858-2323 or via email arevilla@immigrationmiami.com.

About Revilla Law Firm, P.A.
Antonio Revilla is a Former U.S. Immigration Prosecutor and Miami Immigration Lawyer. Mr. Revilla founded his immigration law practice, Revilla Law Firm, when he saw a dire need for aggressive immigration representation and deportation defense in order to keep families united.

Mr. Revilla has over 18 years of litigation experience and has dedicated his career to educating the public on the importance of immigration reform in our country. He has appeared on television to discuss various immigration issues and the benefits of passing bills such as the DREAM Act.

If you wish to receive more information about any immigration issue, you can contact Revilla Law Firm at 305-858-2323 to speak with Antonio Revilla.