Have You Been Arrested Or Released From Jail Recently?

September 8, 2008 by Maricopa County Court  
Filed under Getting Out of Jail

By Sonia Munoz

Recent changes in Immigration policies make mandatory detention
much more likely for Visa holders and Lawful Permanent Residents.

If you have been recently arrested or have been released from prison after October 8, 1998, you may be a candidate for mandatory detention. Immigration and Customs Enforcement (ICE) may arrest and hold you in an Immigration Detention Facility based on the criminal charge.  This may happen even if you served a minimal amount of time in jail. The key element is that the criminal charge, arrest, or release from custody have occurred after October 8, 1998.

On March 21, 2007, in Matter of KOTLIAR-, 24 I&N Dec. 124 (BIA 2007), the Board of Immigration Appeals ruled on the topic of mandatory detention during a bond re-determination hearing.  The Board of Immigration Appeals (BIA) is the governmental body having jurisdiction over appeals submitted by detainees and respondents who have been ordered deported by an Immigration Judge during removal proceedings.

According to the BIA, its ruling is consistent with the concern from Congress that criminal aliens will continue to commit crimes and not appear at the removal hearings.  It is important to note that the alien is able to request release and bond in front of an Immigration Judge where the grounds for detention are not included in the charging document from the Department of Homeland Security.

Based on the BIA’s recent ruling, an alien who has been apprehended from home while on probation for a criminal conviction is subject to mandatory detention. The individual is to be mandatorily detained by ICE regardless of the reason for the criminal custody or arrest. He or she can be subject to mandatory detention as long as the arrest or the release occurred after October 8, 1998. This recent ruling came about as a result of an appeal from an individual who entered the United States as a visitor and stayed for longer than authorized, who had been convicted of several crimes.  According to the BIA’s ruling, individuals having served time in jail or on probation are subject to mandatory detention. Even an individual who has been arrested before a conviction is given may be subject to mandatory detention for immigration purposes.  It is important to note that even if the arrest was based on a crime that is not the grounds for your charges of deportation, you may still be subject to mandatory detention.

An individual can appeal a final order of deportation by the Immigration Judge to the BIA.  In some cases, the individual can even appeal to the Circuit Court having jurisdiction over the case.  In general, the BIA is the last governmental body to review the individual’s case. Hence, the decision by the BIA is the final say on whether the individual appealing is able to stay in the United States or is to be deported.

If you have been arrested or released from probation, parole, or incarceration recently, you might be subject to mandatory detention. Feel free to contact an attorney at Immigration Legal Experts, Inc. at 1-866-482-VISA (8472) to find out more information.  Initial Legal Consultation is FREE. Also visit   [ http://www.immigrationlegalexperts.com] Immigration Legal Experts, Inc.  on the web.

Authored by Sonia M. Munoz, Esq. Attorney and President of Immigration Legal Experts, Inc. For her CV and more information about her previous experience, seminars, and other published articles visit http://www.immigrationlegalexperts.com

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What To Do If you Are Under Arrest

September 5, 2008 by Maricopa County Court  
Filed under Getting Arrested

By Robert Davis

Hello, it’s me again, the revealer of police tactics and procedures. In this article we will explore this serious event.  I hope that none of my readers are arrested, but if you are, here are a few good tips.  Matter of fact, here is my best tip.  First, SHUT YOUR MOUTH!  Once you are advised that you are placed under arrest, there is no need to say anything.  Matter of fact, you could get yourself in deeper trouble.  At this point, the officer is no longer an advocate for you.  In fact, no one in the system will attempt to advocate your case.  The ONLY person that is your advocate at this point is your attorney.

Oftentimes, while I’m looking at television shows ( like cops, cold case files, etc ), I become so upset with people talking to much as they are arrested.  Just inform the police that you do not wish to speak, and that you wish to see your attorney.  If they persist, keep repeating this.  In fact, if questioned by an officer for any reason, you need to quickly assess  if the officers’ questioning is leaning towards implicating you, or a prelude to an arrest.   Read that statement again!  In fact, many people  ask me for tips, and I insist that they commit to an exercise.  What’s the exercise?  Pretend before you are arrested, while you are free, how and what you will do if arrested.   Of course, I’m not telling some person to commit a crime, or even suggesting that you ever might be arrested, I just saying prepare yourself just as you would prepare for any horrible event.

We purchase automobile, death, disability, and many other insurances in life all the time.  So prepare to ” purchase ” insurance on an arrest!  Besides, thats another threat to your well being.  Sit down and think about it for a few minutes.  Matter of fact, I suggest that every time you see an officer  giving a citation to some person, think about this exercise for a minute or two.  I not suggesting that you think about this all the time, just occasionally.  Read my book called COP OUT, it might be helpful.

Don’t speed, don’t commit crimes, and arrive home safe.

Robert L. Davis has just released a book called COP OUT.  His mission is to expose rogue police officers, by revealing unfair and illegal tactics.  His articles and his book respects honorable and lawful police officers.  He readily admits that over 20 years ago, he was once a rogue cop. His mission is to help his fellow humans.

Article Source: http://EzineArticles.com/?expert=Robert_Davis http://EzineArticles.com/?What-To-Do-If–you-Are-Under-Arrest&id=449374

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