Representing Immigrant Detainees in Bond Hearings

1. Presenters Cassandra Lopez Betsy Tao Moderator Teague Briscoe Representing Immigrant Detainees in Bond Hearings

2. Agenda • Introductions • Detention Basics • Bond Basics and Process • Outreach to Pro Bono Attorneys

3. What is immigration detention? “By the end of 2009, the U.S. government will hold over 440,000 people in immigration custody – more than triple the number of people in detention just ten years ago – in a hodgepodge of approximately 400 facilities at an annual cost of more than $1.7 billion.” - Detention Watch Network

4. Detention Facts • Immigrants in detention include: • Families, • Undocumented and documented immigrants, many who have been in the US for years and are now facing exile, • Survivors of torture, asylum seekers, • Other vulnerable groups including pregnant women, children, and individuals who are seriously ill without proper medication or care. • The average cost of detaining an immigrant is $99 per person/ per day. • About half of all immigrants held in detention have no criminal record at all. The rest may have committed some crime in their past, but they have already paid their debt to society. They are being detained for immigration purposes only.

5. Types of Detention • Detention Centers • Operated by DHS and private companies • City Prisons and Local Jails

6. Northwest Detention Center (Tacoma, WA) SIZE: Currently 1000 beds SECURITY: Medium, generally (B, O, R) CONTRACTOR: Geo Group POPULATION: 90% male, 66% Mexican FACILITIES: Tacoma Immigration Court (2 courtrooms), 4 attorney contact rooms, small law library, medical clinic

7. Detention in Northern California • ICE rents bed space from county jails • Yuba County Jail (Marysville) – approx. 200-300 detainees • Santa Clara County Jail (San Jose) – approx. 200-300 detainees • Sacramento County Jail – approx. 100 detainees

8. What is a bond? • A bond is a guarantee to the government that, if you are let out of detention, you will go to all of your hearings and will obey the judge's order at the end of the case. • If you go to all your immigration hearings or interviews, whoever paid your bond will get the money back when your case is over. • If you lose your case, you must report to DHS for departure when required or you will not get the bond money back.

9. Custody Decisions • Local District Office makes initial custody and bond determinations. • Individuals not subject to mandatory detention can request review of initial custody decisions before an Immigration Judge. • Individuals subject to mandatory detention can request a Matter of Joseph hearing.

10. Timing of Bond Hearing • Bond hearing can be requested for an individual in removal proceedings pursuant to INA 240, at any time after the person is in ICE custody. • You can ask for a bond hearing before an NTA is filed with the Court or your client has his/her first hearing.

11. Determining Bond IJ will consider: (1) Danger to persons or property (2) Flight risk? • Judgeshould consider arrests of convictions of crimes, involvement in immoral or subversive activities, involvement with drugs, family ties, employment history. Matter of Patel, 15 I&N Dec. 666 (BIA 1976). • Judges should consider numerous factors when determining bond.

12. Bond Factor: Danger • CRIMES (convictions and arrests) are primarily relied upon to establish danger to the community. • Dissect the criminal offense - how substantial or lengthy is the criminal history? Is it tied to any hardships specific to Respondent? Violent conduct? Is client remorseful? Evidence of rehabilitation?

13. Bond Factor: Flight Risk • History of failures to appear • Understanding of need to return to Court • Family ties • Incentives to Return depends on strength of relief available: • List all available forms of relief • State eligibility for relief and strengths of case • Include voluntary departure and future consular processing opportunities

14. Evidence at the Hearing • Separate from evidence that is submitted in master or regular hearings. • Generally need evidence of • Strong Family & Community ties • Good moral character • Not a danger • Employment & Financial ties • Strength of relief (ie. Asylum case/Country Conditions)

15. Working With ICE • It is good strategy to speak to ICE counsel before the bond hearing if possible, in order to: • Give info to them: fewer surprises the better • Get info from them: What do they stand? What should you prepare for?

16. Bond Amounts • Minimum bond is $1500. No maximum bond and judge can deny bond completely. • Can try stipulating to amount with ICE counsel beforehand. • Judge will expect you to know how much bond client or client’s family can afford and/or what amount you believe is reasonable for the case.

17. Paying the Bond • Can be paid at most DHS locations • Postal money orders and cashiers checks only • Can use bond companies • Money returned if individual does not abscond and when case is resolved • Individual should be released the evening that bond is paid • Bond will be revoked if new crime committed

18. Bond Appeals, etc. • Can appeal to BIA, but unlikely to prevail • If bond is set by DHS, can seek review by an Immigration Judge • Individual will only be provided a subsequent bond hearing if s/he can show: • Materially changed circumstances since prior bond hearing • 8 CFR 1003.19(e)

19. Prolonged Detention • LPRs with pending judicial review of a final order of removal or agency reconsideration on remand cannot be subject to continued mandatory detention without an individualized custody determination. Casas Castrillon v. DHS, 535 F.3d 942 (9th Cir. 2008).

20. Outreach to Pro Bono Attorneys • Centro Legal de la Raza model

21. Questions?