IMMIGRATION

IMMIGRATION ATTORNEY IN TYLER, TX

Your Trusted Advocate in State Legal Matters

In criminal cases involving non-citizens, Immigrations and Customs Enforcement (ICE) frequently issues immigration holds or detainers to take individuals into custody or initiate investigations upon their release. Regardless of the gravity of the charges, immigration authorities may become aware of or be notified about the individual's presence in jail, potentially leading to the imposition of an immigration hold at any point during their detention. Such holds can be instituted even before the non-citizen has an opportunity to post bail, or they may arise during later stages of criminal detention. When an immigration hold is in place, the individual is held for an additional 48 hours after posting bail or being released, and during this period, they are typically transferred to immigration custody.

When a non-citizen is arrested with an immigration hold, it is crucial to seek legal counsel from an attorney well-versed in both criminal and immigration law. Upon entering immigration custody, the non-citizen often faces relocation to a distant immigration holding facility, like the Rollings Plains Facility near Haskell, Texas, situated between Fort Worth and Lubbock. This geographic separation can pose significant challenges for maintaining communication with family and legal representation. If the non-citizen is transferred to immigration custody before the resolution of their criminal case, there may be uncertainties about whether they will be returned to criminal court for scheduled appearances.

Additionally, any time spent in immigration detention won't count as credit for time served if the non-citizen is subsequently convicted and sentenced in criminal court. When immigration charges are filed, the bond is established, and the noncitizen's immigration attorney can arrange a bond redetermination hearing in immigration court within a short time frame, even through telephonic hearings in cases where the immigration court venue is distant. In some instances, criminal defense counsel may testify via telephone at the immigration bond hearing, emphasizing the weaknesses in the prosecution's case, the potential to avoid deportable convictions, the client's positive attributes, and more. In cases where the non-citizen isn't taken into ICE custody, an attorney may strive to secure the release of the immigration hold.