A String of Recent Bond Hearing Successes Means Liberty for Cohen Forman Barone Clients
- Posted on: Aug 22 2017
Over the past few months there has been a sharp increase in the amount of non-citizens detained by Immigration Customs Enforcement (“ICE”) shortly after a criminal arrest. The manner in which these individuals come into ICE custody vary from case to case. Some are transferred from the local criminal jail to an ICE facility once criminal bail is posted or the case is resolved, some are picked up on the street, and others are detained within the vicinity of the criminal court building on the day of their scheduled appearance. Equally disturbing is the trend among government attorneys and enforcement officials to consistently oppose bond for non citizen detainees without any real investigations into thee circumstances of their criminal arrests. Apparently, a mere arrest is enough of a reason.
The attorneys at Cohen Forman Barone have had a number of recent successes in securing immigration bond over the government’s objection for clients with recent and serious contacts with the criminal justice system. In one case an individual who has been living in the U.S. since for over thirty years was detained after being arrested on felony sexual assault and molestation charges. After a two day bond hearing, in which Cohen Forman Barone submitted extensive evidence showing that the criminal case against the client was dismissed based on incredible testimony, the Immigration Judge ordered bond, stating that the criminal case clearly involved an “innocent man who was falsely accused.” In another, an undocumented home care attendant was arrested upon allegations that she used her position to steal over $16,000 from her elderly employer. After posting bail in the criminal proceeding she was transferred to ICE custody. Despite the Immigration Judge’s concerns over the nature of the allegations and the fact that the case was still pending, Cohen Forman Barone persuaded him to set a reasonable bonf that the family could afford. And most recently, after being arrested for resisting arrest and interfering with police activity, which resulted in a guilty plea to a violation, an Immigration Judge sided with Cohen Forman Barone in setting bond for an undocumented mother of two.
As government attorneys and enforcement officers have become less inclined to agree to any form of release, it is the courts that have become the most pivotal arena in determining whether non citizens will have the chance to argue their case while at liberty or remain in detention. Well documented and effectively argued bond motions have truly taken on a new level of importance in immigration deportation hearings. With over thirty years of collective litigation experience in criminal and immigration law, the attorneys at Cohen Forman Barone know what it takes to succeed at this pivotal stage.