Miami Immigration Lawyers Blog

You just received the devastating news that your loved one was detained. Once the initial shock subsides and your mind shifts to thinking of what you can do to help, it is often difficult figuring out where to begin during this emotional time.

Miami immigration lawyer Antonio Revilla understands how distressing this process can be for the friends and family members of a detained individual and wants to ensure that you have the knowledge and guidance required for proceeding to the next step.

As time is of the essence in these matters, please take a moment to read through the following frequently asked questions that Mr. Revilla has answered in an effort to help people make informed decisions when someone they know has been detained. As always, if you require additional information or clarification, please feel free to contact Revilla Law Firm.

Detained: How you can help

How do I get in touch with someone who has been detained?
Antonio Revilla: Your loved one may or may not be able to contact you within 24 hours since this is typically how long processing takes once somebody is detained.

What information should I get when I speak with them?
Antonio Revilla: When you do have contact with your loved one, find out where they are being held and make sure that you obtain their alien number, which begins with the letter A.

Once you have established where your loved one is being held and you have their alien number, contact the detention facility immediately and ask whether a bond amount has been set for them. You can post bond if it is a feasible option. Otherwise, a bond motion may be filed so that an immigration judge can set a bond or a more reasonable bond. An attorney will be able to schedule the earliest possible bond hearing before an immigration judge. The sooner a bond motion is filed, the sooner a bond hearing will be held. At the bond hearing, a judge will determine what bond amount to set in order to effectuate a person's release.

What if my loved one isn't eligible for bond?
Antonio Revilla: Many people are eligible for bond; however, those who are not may still apply for relief from removal. Additionally, a request for parole can be made to the Office of Enforcement and Removal Oeprations. As a result, you should retain an attorney as soon as possible.

Are bond hearings held on the weekend?
Antonio Revilla: Bond hearings are not held on Saturday or Sunday. Typically, once a bond motion is filed on behalf of your loved one, a bond hearing will be heard before a judge between 2-7 days, sometimes up to two weeks, depending on the facility.

What can I do if my loved one is detained over the weekend?
Antonio Revilla: If your loved one is detained over the weekend, unfortunately there is little that can be done because the court is not open and no contact can be made with the deportation officer assigned to your loved one's case. However, if you retain a lawyer over the weekend, a bond motion can be immediately prepared and filed on Monday.

Is it true that my loved one can be moved to another detention facility?
Antonio Revilla: Generally, when the Office of Enforcement and Removal Operations knows that a local attorney is retained, they typically will not transfer your loved one to an out-of-state facility.

Please visit our website www.immigrationmiami.com for more information on deportation defense or any other immigration matter.

The United States Government routinely seeks to place aliens, including those who are lawfully admitted as permanent residents, into removal proceedings. If you are in removal proceedings, it means that the United States Government intends to deport you from the United States.

These proceedings can be initiated due to various reasons, including overstaying a visa, entry using fraudulent documents, arrests and/or convictions for misdemeanors or felonies. In certain cases, relief from removal (deportation) is available. This relief comes in the form of political asylum; cancellation of removal; and waivers or pardons under certain sections of the Immigration and Nationality Act.

Removal proceedings are a serious matter. When you need a Miami immigration lawyer, contact Revilla Law Firm, PA. As a former U.S. immigration prosecutor, Miami Immigration Attorney Antonio Revilla understands the important questions to ask during bond hearings before an immigration judge. Our qualified team of immigration professionals have extensive experience representing men and women in immigration proceedings. We will help you to apply for political asylum where persecution is based on: Race, Religion, Nationality, Political opinion, or Membership in a particular social group

If you are involved in removal proceedings, you need an attorney with the skill and experience to protect your interests. We know the dangers faced by men and women involved in removal proceedings. We know that deportation often leads to persecution and torture. We are committed to protecting our clients by providing aggressive representation in immigration matters.

At Revilla Law Firm, we help clients file applications for residency, waivers for removal, motions to reopen closed cases, and waivers of deportation under the Immigration and Naturalization Act. If you have green card issues, or if you were detained for removal proceedings, call our deportation defense team today. Revilla Law Firm handles all types of detained cases, including bond hearings at Krome and all detention facilities nationwide.

Feel free to contact our Miami Immigration office for a Free In-Office Consultation (305) 858-2323.

Deportation Defense is an area of Immigration Law which concentrates on defending a person from being deported from the United States. Revilla Law Firm and Miami immigration lawyer Antonio Revilla are dedicated to providing high-quality deportation defense before USCIS, the Immigration Court, the Board of Immigration Appeals, the Federal District Courts, and the Federal Courts of Appeals.

Our goal is to keep you in the United States. There are various forms of relief that are available to those that the U.S. government seeks to keep out of the United States. To avoid deportation certain waivers can be used to accomplish this goal. If you are convicted of certain crimes such as crimes involving moral turpitude, even if they are aggravated felonies, or 30 grams or less of marijuana you may be eligible for a waiver under section 212(h) of the Immigration and Nationality Act ("Act"). A grant of this type of waiver will help you become a permanent resident or help keep your residency depending on the circumstances.

If you have a conviction for an aggravated felony which occurred before April 24, 1996, and before April 24, 1997, for certain crimes, you may be eligible for a waiver under former section 212(c) of the Act. A grant of this waiver will result in preventing the loss of residency.

If you are a lawful permanent resident and you have a conviction for a crime that is not an aggravated felony you may be eligible for cancellation of removal for certain permanent residents. You must establish certain requirements under the Immigration Act. You should consult with a competent Immigration Attorney to see if you are eligible to apply for this form of relief before the Immigration Court.

If you are accused of committing fraud, including marriage fraud, by the U.S. government you may be eligible for a waiver under sections 212(i) or 237(a)(1)(h) under the Act.

If you are inadmissible based on a health-related ground you may be eligible for a waiver under section 212(g) of the Act. Once again a grant of this waiver will help you become a lawful permanent resident.

The requirements for each waiver vary, so they should be thoroughly examined through a consultation with a competent Immigration Attorney. Miami Immigration Lawyer Antonio Revilla handles asylum cases from all parts of the United States. To be eligible for asylum, past or future persecution based on political opinion, race, membership in a particular social group, including homosexuality, nationality, or other serious harm must be established. While an asylum application must be filed within one year of entering the U.S., there are extraordinary circumstances which excuse the failure to file within the deadline.

If you have been physically present in the United States for more than ten years and you have a spouse, parent, or child who is a lawful permanent resident or a United States citizen you may be eligible to apply for cancellation of removal for certain non-lawful permanent residents. It must be established that your removal from the U.S. will result in exceptional or extremely unusual hardship to your qualifying, immediate relatives. To apply for this form of relief you must be in removal proceedings. If the Immigration Judge grants your application you become a lawful permanent resident.

Decisions from the Immigration Court can be appealed to the Board of Immigration Appeals. Certain decisions from the Board of Immigration Appeals can be appealed to the Federal Circuit Courts of Appeals. Likewise, certain cases from the Federal Circuit Courts of Appeals can be appealed to the U.S. Supreme Court.

Certain cases can be brought to the Federal District Courts such as Writs of Mandamus, where it is requested that a Court mandates that an entity such as the Department of Homeland Security take action on a particular case, or Writs of Habeas Corpus, where it is requested that an individual be released from unlawful detention.

Immigration Holds
Revilla Law Firm's unique combination of criminal defense and former U.S. immigration prosecutorial experience provides our clients with the ability to successfully lift Immigration Holds or Detainers. In many cases Border Patrol, Customs and Border Protection, and Immigration and Customs Enforcement will place a hold on an individual who has been arrested for a crime. The result is that this person cannot be released from jail even after placing a criminal bond. Often times this hold is illegal or improper because there is no conviction of the criminal charge.

According to a recent report, there have been more illegal immigrants placed in removal proceedings under the Obama administration than in previous administrations. In fact, an October 6th press release generated by the Department of Home Security (DHS) and the Immigration and Customs Enforcement agency (ICE) reported that a record-breaking 392,000 undocumented immigrants were deported nationwide in fiscal year 2010.

The number of deportations marks a staggering 70% increase in removals from the previous administration. According to ICE, approximately 195,000 of the deported individuals were convicted criminals, a strategy that is part of the administration's effort to prioritize deporting criminal aliens who might pose a threat to public safety. The deportation of unauthorized immigrants with criminal backgrounds is being emphasized by DHS and ICE with strict law enforcement policies in an effort to fight crime and protect the safety of the American people.

As immigration issues become more contentious and the need for immigration reform becomes more crucial, many people do not realize that border security is not only stronger, but there are more people being placed in deportation proceedings than in the past. These facts are often understated, leaving many opposed to the concept of comprehensive immigration reform. Traditionally, DHS prioritizes their efforts in detaining criminal aliens; however, it's important not to lose sight of the fact that anybody with an order of removal is still fair game.

The rhetoric among anti-immigration reform politicians has been that they are willing to support some form of immigration reform if there is an increase in border security. The evident increase in border security should satisfy these politicians, along with those who are hesitant to support immigration reform. There is clearly an increase in security since the Obama administration has detained and deported more individuals than under previous administration. Unfortunately, our country still remains divided on the issue and each day more and more families are being torn apart.

Cancellation of removal for certain non-lawful permanent residents is an application which can bestow lawful permanent residency. This application is sometimes called colloquially as "la ley de los diez años" (the ten year law).

This application can only be made in removal proceedings. It is perhaps one of the most difficult applications to prove. In other words, it is difficult to convince an Immigration judge to grant this application.

Eligibility is generally not difficult to establish, however, establishing the burden of proof by clear and convincing evidence is another matter. To meet the burden of proof for this application, one must establish physical presence in the United States for at least 10 years. The applicant must also establish good moral character which means at a minimum no criminal convictions that cause inadmissibility or removability. The applicant must also demonstrate that his or her removal from the United States will result in exceptional and extremely unusual hardship to a spouse, parent, child under the age of 21 who is a lawful permanent resident or United States citizen.

Establishing this last requirement is particularly difficult. At first glance, it may appear that any qualifying family member will suffer exceptional and extremely unusual hardship just based based on the shear emotional trauma of being separated from a family member. Unfortunately, case law has held that this type of suffering is not enough to establish the "hardship" requirement of this application. The suffering has to be well beyond the normal consequences of being deported from the United States. As a result, cases where the qualifying relatives suffer from serious health issues are generally successful. The level of suffering should be carefully examined and reviewed.

Many people may be eligible for this application. However, not everyone will be able to meet the high hardship standard. Each case should be evaluated with an eye toward establishing the exceptional and extremely unusual hardship requirement. The question that should always be asked in a case like this is, "In what way will the qualifying relatives be affected if their loved one is deported."

Please contact Miami immigration lawyer Antonio Revilla at (305) 838-2323 if you would like more information on this important area of immigration law. Our Miami immigration lawyers are available 24/7 for all of your immigration needs.

As a passionate advocate for Immigration Reform, Miami Immigration Lawyer Antonio Revilla has made it his mission to educate the public about the DREAM Act and the benefits of comprehensive reform in our country. He appeared on Telemundo yesterday just before the DREAM Act amendment was blocked by Republicans.

Watch Antonio Revilla's appearance on Telemundo TV by clicking the below link.

WATCH VIDEO

Today the Defense Authorization Bill is going to the senate floor to vote on an amendment to this bill in the hope of passing the DREAM Act. If passed, the DREAM Act will help approximately two million people that, through no fault of their own, entered the United States before the age of 16 and remained in this country. The act would give students and military hopefuls who are in the country illegally a pathway to U.S. citizenship.

There seems to be a lot of senators who are in favor of the DREAM Act, yet the vote is going to be close. As a result, more people need to voice their support to their senators, encouraging them to vote for this amendment.

If you want to get involved and show your support for this amendment, please take a moment to contact Congress today by clicking the below link.

I support the DREAM

The passage of the DREAM Act will be an example of American values in action.
The DREAM Act is good for America. It will help the economy by increasing our global competiveness through the education of more of our youth, as applicants will be required to have completed at least two years of college education. It will increase the ranks of the military because one of the requirements is going to be that the applicant serve at least two years in the military.

Help us support the DREAM. Please pass this information on to anyone who believes in enriching the culture, economy and military of our country.

An American citizen was recently removed from the United States because of a lack of proficiency in English. Arizona law 1070 authorizes a local law enforcement to detain and question individuals that are suspected of being in the United States unlawfully.

The big question is how an officer determines who is here unlawfully. Will this be done through accents or the color of their skin?

An example of how the Arizona law opens law enforcement to racial profiling and discrimination happened in Texas to Luis Alberto Delgado, a U.S. Citizen born in Texas.

Due to his parents' divorce, he moved with his mother to Mexico, where he was raised before coming back to live in the U.S. As a result, he does not speak proficient English.

Upon a traffic stop for a seat belt violation, Luis and his brother were investigated by U.S. Border Patrol to determine their status. Luis was carrying his U.S. birth certificate, social security card, and a Texas ID. His brother had additional documentation which consisted of an application for a U.S. Passport and selective service registration. Luis's brother was released.

DEPORTATION ORDEAL
Luis, a Houston native, was questioned by U.S. Border patrol for eight hours. They did not believe that his U.S. Birth certificate was legitimate. Under intense interrogation and pressure, Luis felt pressured to leave the U.S. voluntarily under an order of voluntary departure. This did not allow Luis to freely leave the detention of U.S. Border Patrol.

He was taken to Matamoros, Mexico, where he spent three months before an immigration attorney that handled the case pro bono secured Luis' repatriation to the U.S.

Luis is an example of what will happen, among other things that will go tragically wrong with Arizona-type immigration measures which are the result of xenophobia, ignorance, and flat out racism. These measures open the flood gates to abuse and the infringement of Americans' right to privacy, especially those that fit the illegal immigrant profile.

Hopefully, this deplorable incident will give overly zealous, vote-hungry politicians pause before making anti-immigrant proposals part of their platforms.

As part of a defense policy bill, the Senate Majority Leader is proposing an amendment which would benefit millions of undocumented people that entered the U.S. before sixteen years of age. The amendment known as the DREAM Act would require, among other things, at least two years of military service or college education.

The DREAM Act will still require an applicant to demonstrate admissibility to the United States, such as good moral character.

This amendment is by no means amnesty. Those that are inadmissible due to criminal convictions, terrorism, persecution of others, public safety concerns, or fraud may still be subject to removal proceedings. The proceedings could result in the deportation for those that are found to be inadmissible.

The general basis for the DREAM Act is not to punish the youth that are undocumented through no fault of their own. The majority of these young people are completely assimilated into American society and culture. The amendment would, among other benefits to the U.S., fortify our military and advance the education of our populace which would contribute to U.S. competitiveness in the global market place. As a result, the U.S. Economy would improve.

U.S. Immigration and Customs Enforcement ("ICE") has taken the position, through it's Office of the Chief Counsel, to move to terminate or "dismiss" removal proceedings where there is an immediately available, pending petition or application. This will apply to those cases where there are no public safety, security, or fraud concerns. The ICE Memo formalizes a process that has already been in place.

The termination of proceedings does not mean that an individual is not subject to deportation or removal. If after termination an individual is denied residency then removal proceedings can be reinstated.

ICE's formal position is in no way amnesty. It is designed to ease the burden on the Executive Office for Immigration Review, or the Immigration Court, by terminating proceedings so that USCIS can adjudicate pending petitions or applications.