U.S. DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT AURORA, COLORADO

Similar documents
UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE OF IMMIGRATION REVIEW IMMIGRATION COURT SAN FRANCISCO, CALIFORNIA

In order to get parole, you have to show the following things:

RESPONDENT S BRIEF IN SUPPORT OF BOND APPEAL

MOTION AND MEMORANDUM OF LAW IN SUPPORT OF RESPONDENT S RELEASE ON BOND OR, IN THE ALTERNATIVE, RELEASE ON HIS OWN RECOGNIZANCE

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION. v. No. XX-XX-XXX PETITION FOR WRIT OF HABEAS CORPUS

Washington City Justice Court Washington County, State of Utah 111 North 100 East, Washington UT Judge Thad D.

Case 1:17-cr ABJ Document 21 Filed 11/02/17 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES CUSTOMS AND BORDER PROTECTION,

Case 2:10-cr MHT -WC Document 833 Filed 03/29/11 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

United States Department of Justice Executive Office for Immigration Review Immigration Court [Location] File No. A# NON-DETAINED

Re: Request for Prosecutorial Discretion; Joint Motion to Reopen and Terminate Requestor: (A )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

ELIGIBILITY AND INSTRUCTIONS FOR SEALING OF CRIMINAL RECORDS Based upon Ohio Revised Code

Case 1:10-cv Document 1 Filed in TXSD on 02/23/10 Page 1 of 9

PRACTICE ADVISORY. April 21, Prolonged Immigration Detention and Bond Eligibility: Diouf v. Napolitano

Case 2:13-cv Document 1 Filed 08/01/13 Page 1 of 15

Bond/Custody. I. Overview. A. Application Before an Immigration Judge. B. Time. C. Subsequent Hearing. D. While a Bond Appeal is Pending

Employment Application

CRIMINAL DEFENSE LITIGATION HYPOTHETICAL ANSWER KEY. LABE M. RICHMAN, Esq.

IN THE SUPREME COURT OF FLORIDA. Comments of Circuit Judge Robert L. Doyel

Application for Employment

SEALING OF RECORD OF CONVICTION (General Information)

I. NON-LPR CANCELLATION (UNDOCUMENTED)

Immigration Enforcement, Bond, and Removal

Case: 1:10-cr SL Doc #: 898 Filed: 06/04/12 1 of 5. PageID #: 18606

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE

Municipal court 402 E. LAUREL ST. ROCKPORT, TEXAS INSTRUCTIONS TO REQUEST DEFERRED DISPOSITION

Immigration Issues in Child Welfare Proceedings

Application for Employment

Case 9:07-mj JMH Document 13 Entered on FLSD Docket 04/20/2007 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs April 22, 2008

SAMPLE. Front Side of Citation To be Pre-Numbered in Top Right Margin (White "Court Copy" to have Bar-Code Displayed above Tracking Number)

Re: Proposed Legislation That Would Expand Prolonged and Indefinite Immigration Detention

OFFICE USE ONLY: Fee Submitted: Receipt #: CC: Police Department

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. CASE NO.: 5D STATE S RESPONSE TO THE HABEAS PETITION

Before Honorable Reuben J. Renstrom, Justice Court Judge

2:13-mj DUTY Doc # 16 Filed 08/13/13 Pg 1 of 13 Pg ID 256 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

RECEIVED ORIGINAL PROCEEDING IN UNAUTHORIZED PRACTICE OF

Traffic Diversion Application. Last Name First Name Middle Initial Address City State Zip. Contact me by: Mail or

Case 1:17-cv JB-KBM Document 14 Filed 03/30/18 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

D~ Ctvvu. U.S. Department of Justice. Executive Office for Immigration Review

Melvin Paiz-Cabrera v. Atty Gen USA

Flor Bermudez, Esq. Transgender Law Center P.O. Box Oakland, CA (510)

REOPENING A CASE FOR THE MENTALLY INCOMPETENT IN LIGHT OF FRANCO- GONZALEZ V. HOLDER 1 (November 2015)

These materials were originally submitted in conjunction with the program The Basics of Removal Defense held on June 12, 2017.

Certificates of Rehabilitation in Fresno County Filing Instructions

because it does not seek information regarding the implementation of the Settlement Agreement.

KENNETH VERCAMMEN & ASSOCIATES, PC 2053 Woodbridge Ave. Edison, NJ Attorney for Defendant d1

Case 3:07-cv WHA Document 17 Filed 10/09/2007 Page 1 of 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0140n.06. No UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) )

TABLE OF CONTENTS. Foreword...v Acknowledgments...ix Table of Decisions Index...367

ARD/DUI EXPUNGEMENT ACT 122 AND 151

Case 8:07-cr CJC Document 48 Filed 01/31/13 Page 1 of 6 Page ID #:114

In the United States District Court for the District of Colorado

OVERVIEW OF THE DEPORTATION PROCESS

IN THE MUNICIAPL COURT OF STARKVILLE, MISSISSIPPI. Cause No. PETITION FOR NONADJUDICATION FOLLOWING ENTRY OF GUILTY PLEA DUI OTHER SUBSTANCE

MOTION FOR CONDITIONAL BOND

Case4:13-cv JSW Document112 Filed05/05/14 Page1 of 3

Case 1:17-cv Document 1 Filed 11/07/17 USDC Colorado Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Immigration Relief for Unaccompanied Minors

Spotting Inadmissibility Issues in Immigration Cases BY: KRUTI J. PATEL AND LARA K. WAGNER

In re Samuel JOSEPH, Respondent

TIPS FOR ATTORNEYS DEFENDING NONCITIZENS IN CRIMINAL PROCEEDINGS AND HOW TO PREPARE THEM IN A TRUMP ADMINISTRATION

BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION NOTICE OF FORMAL CHARGES

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

Income Guidelines Family Size MINIMUM Family Size MINIMUM

INSTRUCTIONS PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS PROVIDED UNDER W.VA. CODE

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs July 25, 2001

February 15, Via at:

Opinions adopted by the Working Group on Arbitrary Detention at its eightieth session, November 2017

Agape Document Services Unlimited

Chapter 1 CHAPTER 1 INTRODUCTION TO HARDSHIP AND THE MANUAL. This chapter includes:

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DACA (DEFERRED ACTION FOR CHILDHOOD ARRIVALS) QUESTIONNAIRE AND DOCUMENT REQUEST

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. Alexandria Division

Introduction to the Illegal Entry/ Reentry Screening Instrument 1

Attorney for the Petitioner and my Utah Bar number is

HB In-State Tuition

JUDICIAL STANDING ORDER #1 Personal Recognizance Bonds Jail Credit on Plea

STRIKING AMENDMENT TO PROPOSED ORDINANCE , VERSION. On page 1, beginning on line 15, strike everything through page 19, line 451, and insert:

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE April 2000 Session

Instructions for Requesting Benefits Using USCIS ELIS. May AILA InfoNet Doc. No (Posted 05/22/12)

The REAL ID Act of 2005 (H.R. 418): Summary and Selected Analysis of Provisions as Passed by the House

INSTRUCTIONS FOR COMPLETION OF EXPUNGEMENT FORM

Irorere v. Atty Gen USA

Assembly Bill No. 25 Committee on Corrections, Parole, and Probation

Bail Right to bail; recognizance or unsecured appearance bond. Secured bonds. Factors to be considered in determining conditions of release.

Mission Statement. core values. Inclusiveness. Safety. Integrity. Empowerment. Continuous Improvement

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

LIQUOR LICENSE APPLICATION

AT JACKSON Assigned on Briefs July 9, 2013

The Florida House of Representatives

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT BOSTON, MASSACHUSETTS

(617) ext. 8 (tel) INSTANT MOTION TO REOPEN (617) (fax)

n a t i o n a l IMMIGRATION p r o j e c t of the national lawyers guild

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW BOARD OF IMMIGRATION APPEALS FALLS CHURCH, VIRGINIA

Interim Guidance on Flores v. Sessions

Bond Hearings for Immigrants Subject to Prolonged Immigration Detention in the Ninth Circuit

ADMINISTRATIVE HEARINGS COUNTY OF WAKE 13 DOJ Petitioner:

Transcription:

ATTORNEY ROCKY MOUNTAIN IMMIGRANT ADVOCACY NETWORK 3489 W. 72 nd Avenue, Suite 211 Westminster, CO 80030 Phone: (303 433-2812 Fax: (303 433-2823 Email: attorney@rmian.org DETAINED PRO BONO COUNSEL FOR RESPONDENT U.S. DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT AURORA, COLORADO In the matter of: LAST NAME, First Name File No.: A000 000 000 In Custody Proceedings RESPONDENT S BRIEF AND EVIDENCE IN SUPPORT OF CUSTODY REDETERMINATION Immigration Judge: NAME Bond Hearing Date: DATE AND TIME

I. Introduction Respondent, NAME, by and through undersigned pro bono counsel, hereby requests that this Court grant him release on recognizance or on a reasonable bond. Respondent is not a danger to persons or property, he does not pose a flight risk, and he is not a danger to national security. See Matter of Guerra, 24 I&N Dec. 37, 38 (BIA 2006. Accordingly, he merits release from custody. II. Statement of the Facts Respondent was born on DATE in Mexico. He entered the United States in approximately 1999 and has resided in the state of Utah since that time, see Tab Q. He and his long-term partner have one United States Citizen ( USC daughter, who is six-years-old. See Tab E. Respondent s daughter suffers from epilepsy, and Respondent s financial and emotional support is integral to her wellbeing. See Tab P. Respondent also lives with and helps provide for his two USC step-sons, who are eight-years-old and twelve-years-old, respectively. See Tabs F and G. Respondent s criminal history consists of one DUI conviction in Utah from 2008. See Tab A. He served his sentence, completed probation, and had no contact with law enforcement afterwards until he was apprehended by Immigration and Customs Enforcement on DATE. Respondent has been in the custody of the Department of Homeland Security since DATE. III. Argument In Matter of Guerra, 24 I&N Dec. at 40, the Board of Immigration Appeals determined that an Immigration Judge may look to the following factors in deciding whether an individual merits release from custody, as well as the appropriate amount of bond: (1 whether the 2

individual has a fixed address in the United States; (2 length of residence in the United States; (3 family ties in the United States; (4 employment history; (5 record of appearance in court; (6 criminal record; (7 history of immigration violations; (8 any attempts to flee prosecution; and (9 manner of entry to the United States. The Immigration Judge has broad discretion in deciding the factors that he or she may consider in custody redeterminations and may choose to give greater weight to some factors, as long as the decision is reasonable. Id. Under the Guerra analysis, and as discussed below, Respondent s positive factors significantly outweigh any negative factors. Accordingly, the Court should grant de minimus bond. A. Respondent is not a danger to persons or property Respondent is not a danger to the community. He has taken responsibility for and been fully rehabilitated from his DUI conviction in 2008. Respondent complied with all aspects of his DUI sentence including (1 paying all associated fines and fees, see Tab B, (2 completing a victims impact class, see Tab C, and (3 completing a DUI program, see Tab D. Respondent also completed his probation and 48 hours of community service. Since that time, Respondent has had no additional arrests and has dedicated himself to the care of his long term-partner, his USC daughter, and his two USC step-children. Letters from members of Respondent s community describe him as an exemplary person and a loving husband and wonderful father, Tab I, as a man of great integrity, Tab K, and as a very responsible, hard worker, Tab L. B. Respondent does not pose a flight risk 3

Respondent does not pose a flight risk because he (1 has deep connections in his community, (2 is the primary financial provider for his family of four, and (3 is prima facie eligible for cancellation of removal under INA 240(A(b. Respondent has lived in Utah for almost two decades. See Tab Q. He is deeply iengrained in his community, as demonstrated by letters of support indicating that he attends and plays music at his local church, see Tab I, and has been friends with various neighbors for more than 10 years, see Tab N. Should he be released on bond, Respondent intends to reside at his permanent residence, a trailer that he owns, located at ADDRESS. See Tab O. Additionally, Respondent is the primary financial provider for his family, including his long-term partner, USC daughter, and two USC step-sons. Just as importantly, Respondent provides essential emotional support to his family. As one of his step-sons explains, we all need [Respondent] and love [him]. See Tab H. Respondent is extremely motivated to defend his removal case so that he can continue to support his family financially and otherwise. Upon release on a bond, Respondent would return to his previous place of employment. See Tab Q. Finally, Respondent provided evidence that he is prima facie eligible for cancellation of removal under INA 240(A(b. He has resided continuously in the United States since 1999, see Tab Q, and he is a person of good moral character, see Tabs H N. His six-year-old USC daughter suffers from epilepsy and Respondent s financial and emotional support is integral to her care and wellbeing. See Tab P. Respondent s daughter would suffer exceptional and extremely unusual hardship if her father were removed to Mexico. See id. C. Respondent is not a threat to national security Respondent is an upstanding member of his community with no record indicating that he represents a threat to national security. 4

IV. Conclusion Respondent is an integral member of his family and his community. He has lived and worked in the United States for close to twenty years, supports his U.S. citizen daughter, stepsons and partner, and is by all accounts an upstanding member of his community. He was convicted of a single criminal offense about a decade ago, and has taken full responsibility for his actions and for rehabilitating himself. The record clearly reflects that he is neither a flight risk nor a danger to the community. These factors should weigh heavily in this Court s determination as to whether Respondent merits release. See Matter of Guerra, 21 I&N Dec. at 40. For these reasons, Respondent contends that he has met his burden of demonstrating that he merits release on recognizance or a reasonable bond. Dated: DATE Respectfully submitted, ATTORNEY Rocky Mountain Immigrant Advocacy Network 3489 W. 72 nd Avenue, Suite 211 Westminster, CO 80030 Phone: (720 370-9106 Fax: (303 433-2823 Email: attorney@rmian.org PRO BONO COUNSEL FOR RESPONDENT 5

Tab INDEX OF DOCUMENTATION SUBMITTED IN SUPPORT Page(s OF CUSTODY REDETERMINATION Client s Name A000 000 000 A Sentence minute entry for Respondent s DUI 1 B Receipts from court fees and costs paid by Respondent 2 7 C Certificate of completion of Victim Impact Panel 8 D Certificate of completion of DUI Program 9 E Birth Certificate of Respondent s USC Daughter 10 F Birth Certificate of Respondent s step-son 11 G Birth Certificate of Respondent s step-son 12 H Letters from Respondent s step-sons 13 15 I Letter of support from family friend, NAME, and driver s license 16 17 J Letter of support from family friend, NAME, and driver s license 18 19 K Letter of support from family friend, NAME, and driver s license 20 21 L Letter of support from family friend, NAME, and driver s license 22 23 M Letter of support from family friend, NAME, w/ translation and 24 27 driver s license N Letter of support from family friend, NAME, w/translation and 28 31 driver s license O Lease Agreement including Respondent s permanent address: 32 ADDRESS P Letter from Respondent s daughter s doctor 33 Q Copy of Respondent s paystubs from 1999-2017 34 35 Certificate of Service 6

CERTIFICATE OF SERVICE I, ATTORNEY, hereby certify that on DATE, I served a true and correct of the foregoing Respondent s Brief and Evidence in Support of Custody Redetermination to the Department of Homeland Security Office of the Chief Counsel via email at the following address: DEN.OCC.E-Service@ice.dhs.gov ATTORNEY NAME 7