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What Is an Immigration Detainer?
An immigration detainer, sometimes referred to as an immigration hold, occurs when a non-U.S. citizen is brought to the attention of the Department of Homeland Security while in federal or state custody. In other words, if a non-U.S. citizen is arrested and put in jail, they may have an immigration detainer placed on them. This often occurs through a branch of the Department of Homeland Security, including Immigration and Customs Enforcement (ICE). If a detainer or hold is placed on someone, he or she will not be released at the end of his or her jail sentence, but will instead be placed under federal custody. This typically occurs when an individual is suspected of having illegally entered or remained in the United States or has been convicted of a crime that can result in deportation.
If you or a loved one needs assistance with an immigration detainer issue, contact the San Francisco detainer attorneys at the Law Offices of Shamieh, Shamieh & Ternieden. We serve clients throughout the country from our offices in San Francisco and Sacramento.
Is It Possible to Dispute Charges?
What happens after an immigration hold is placed upon you depends on the reason for the detainer. If you have been convicted of a crime that makes you deportable or have a prior pending order of removal, you will likely be transferred to federal custody and may not have a chance to appeal the findings unless an attorney intervenes quickly on your behalf. It is crucial that you act quickly in these cases if you wish to avoid being deported.
If you are found to have entered the U.S. illegally or remained in the U.S. for longer than the time allowed by your visa, the following things will likely occur:
- You will be transferred to federal custody.
- You may be able to be released on bond.
- The removal process will begin.
- Your presence will be required at a removal hearing.
- You may be able to dispute the charges.
- A ruling will be made on your case.
- You may be able to appeal the findings.
ICE often detains individuals without due process and sometimes without any pending charges. Regardless of your situation, it is important that you seek an experienced immigration attorney who can act quickly on your behalf.
Call Our Firm Today
If your loved one has been detained by ICE or is already in federal custody, or you are facing deportation proceedings yourself, contact our firm as soon as possible for strong legal representation. At the Law Offices of Shamieh, Shamieh & Ternieden, we are aggressive advocates for our clients’ rights. Remember, the fact that someone is not a U.S. citizen does not mean that they do not have any rights. We can help you understand your options and fight for the best possible outcome.
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