Latest Immigration Decision

Mandatory Detention for Some Aliens in the U.S.

Many immigrants in the United States today owe their liberty to luck. Anytime they are caught or have any rendezvous with any governmental agency, they will be put in the slammer never to return home again. If you have any criminal record, you must read this article, because your ability to remain at home with your family rather than in an immigration detention will depend on the knowledge you gain from this article. Similarly, if you have any age long immigration issue which you presume  dead and buried, please consult a qualified immigration attorney before you travel abroad with your green card, you could be subjected to mandatory detention, if your hidden “sins” suddenly surface upon your return from a trip abroad. I believe that if you are adequately informed, you will take less risk that could endanger your liberty in the United States.  Immigrants with past criminal records are the most vulnerable. These old convictions are showing up now due to advanced technology presently being employed by the U.S. government. It is important not to take anything for granted. If you are a green card holder and you have criminal record, don’t travel abroad without due consultation with an attorney, you could loose your green card.  Recently, an immigrant who has been a permanent resident alien for many years decided to travel abroad without consulting with an immigration attorney. This immigrant had two prior convictions, both ended in plea bargains. The first was for stealing while the second one was for jumping the Subway turnstile called theft of service. Upon arrival at the airport, his green card was confiscated and he was detained. No matter how trivial the offenses are under State laws, when it comes to immigration a misdemeanor could lead to mandatory detention and removal from the United States.  Mandatory detention is not limited to immigrants with criminal records only. Early this year, I rescued and immigrant from one of the immigration jails in New Jersey. This immigrant was issued the two year conditional green card months before he was detained. As required by law, the immigrant applied to remove the condition timely. Prior to a decision being issued in his case, he traveled abroad. While abroad, the decision was issued, he was denied and his permanent resident status was terminated.  Upon arrival at the airport, he was detained and sent to one of the detention centers in New Jersey. Pursuant to law, he was treated as an arriving alien and subjected to mandatory detention. He had to remain in detention throughout the duration of the case. Fortunately, we won and his permanent resident status was restored, but he learnt a lesson.  All arriving aliens arrested by Immigration & Customs Enforcement Agency are subject to mandatory detention whether or not you have a green card. As long as you are just arriving from another country, you are an arriving alien and will be detained if you have any immigration problem.  Some immigrants are so ignorant that they will begin to refer to their friends that were not detained. The U.S. Immigration & Customs Enforcement agents might issue you an I-94 card and let you go home with instruction to report for deferred inspection, not because you are not subject to mandatory detention but at times, they do not have bed space at the detention center. Please do not leave your case to chances.  Let me emphasize that all immigrants must note that there is nothing called misdemeanor when it comes to immigration. Some immigrants are under this illusion that they were not convicted of anything serious because it was tagged a misdemeanor at the State court. A mere turnstile offense could be counted against you in the immigration court. Do not plead guilty to any offense unless you know the impact of such plea on your immigration status.  There are three classes of offenses under the U.S. immigration law, namely aggravated felony, crime involving moral turpitude and petty offense.  Aggravated felony is the highest level of offense under immigration law. An aggravated felon is subject to mandatory detention and he/she is also subject to removal from the United States. Anyone convicted of aggravated felony once removed from the U.S. is barred for life. He can never return to the United States. The consequence of aggravated felony is like a death sentence when it comes to immigration. If you are caught by immigration having been convicted of a clear aggravated felony offense, it will be a waste of money to fight such a case at the immigration court. The only place to fight is at the State court or Federal court where the conviction was pronounced to see if you could succeed in reducing it.  Crimes involving moral turpitude could be waived if you are qualified for waiver. Petty offense which is a minor offense for which the maximum penalty is less than one year and you were not convicted for six months and above, will not have any impact on your green card or ability to obtain green card if you have only one conviction.  Please note that two petty offenses could become crimes involving moral turpitude whereby you will need waiver to survive.  Any immigrant arriving in the U.S. with forged documents with the intention to apply for asylum must be prepared to spend time in jail. It will get worse before it gets better. If you are caught at the border post trying to enter the United States illegally, you must be prepared to spend time in detention. Anyone coming through the port of entry is subject to mandatory detention as an arriving alien if caught with any immigration violation.  I must report a recent approach adopted by the Obama administration which I consider barbaric. The goal is deterrence, but its negates the prior humane approach of the United States to immigration law enforcement and put the U.S. in the class of some of the nations in Europe where immigrations are treated as criminals.  Recently, this administration started to try and convict any immigrant caught trying to enter the United States illegally for immigration fraud and the likes. Once caught, rather than being sent back as was the case previously, the Obama administration will charge them to the Federal District Court and prosecute them as criminals. Some of them will spend 6months in jail before the case concluded. After conviction, they will be made to serve jail term before being handed over to the Immigration & Custom Enforcement for removal proceedings. This approach is callous; it is designed to seal the hope of the immigrant ever returning to the U.S. after deportation because the immigrant will now have criminal record in addition to being a deportee.  I want to encourage all immigrants in the U.S. to protect themselves. Do not let them deport you before the passage of the Comprehensive Immigration Reform law. Be wise!      This article is for your information only. It should not be substituted for legal advice that can only be given by a qualified immigration attorney who is familiar with the facts of your case. If you need immigration assistance, please feel free to contact Attorney Joseph Famuyide at 718-647-6767 or send email to This email address is being protected from spam bots, you need Javascript enabled to view it .                                                                                      USI News