How did my family member end up at ICE’s Immigration detention facility (Delaney Hall Detention Facility) located at 451 Doremus Avenue, Newark, NJ?
Some of my firm’s clients are being detained by ICE (Immigration) at their facility known as the Delaney Hall Detention Facility. These not only include individuals that reside in New Jersey, but also residents of New York City and elsewhere. The types of immigration issues vary from individuals that overstayed their authorized period of stay, or entered the U.S. illegally (without inspection), and/or may have failed to leave the U.S. after being ordered removed by an Immigration Judge, as well as many other types. Depending on the type of issue involved, your loved one may or may not be scheduled to appear in front of an Immigration Judge. If this sounds strange to you, you may need to educate yourself about the immigration detention process. If your loved one was previously instructed to appear in Immigration Court and failed to do so, it is likely that your loved one was ordered removed (deported) without him being present in Court (usually referred to as an “in absentia” order). If this is the case, the clock is ticking. When dealing with these types of cases, DHS or ICE (Immigration) usually simply works on getting the person physically removed from the U.S. In many cases, the alien himself may or may not know about the deportation order. So, it is best to act quick and obtain the entire court record to see what, if anything, can be done to try to give your loved one another shot at presenting his case to an Immigration Judge.
Anyone that is a fan of the Bravo hit show Real Housewives of New Jersey has likely heard that the federal government has indicted two of the major stars of the hit show. One the stars, Joe Guidice has been indicted for various charges including bankruptcy fraud and tax fraud. So, why am I writing this blog? . . . Well, the U.S. Attorney for New Jersey representing the federal government also announced that Joe Guidice is not a U.S. citizen and that if convicted, he may face deportation to Italy. For many viewers and fans this likely came as shock. For, immigration deportation lawyers like me, this was not surprising. Although Joe Guidice appears to be just like any other U.S. Citizen, in fact he is not, according to the federal government. As such, it is likely he will be treated just like any other person not a U.S. citizen. Although he is a permanent resident (“Green Card” holder), he might be facing deportation if he is convicted of the fraud charges that Immigration law views as a removable/deportable offense.
If he is in fact convicted, the federal government though the Department of Homeland Security (DHS) and the Immigration Customs Enforcement (ICE) may decide to issue a Notice to Appear commanding Joe Guidice to appear before the Immigration Court in Newark, New Jersey. What??????? Yes, although he is married to a U.S. Citizen and has many beautiful U.S. citizen daughters and owns a home, this gentleman may be deported out of the country. If he makes the right decision, his criminal defense attorney should immediately hire and retain an immigration lawyer to work with the criminal defense attorney to minimize deportation issues, if possible. Unfortunately, the immigration laws currently in place are written against the interest of the non-U.S. citizen, especially when it comes to certain crimes which Immigration feels are aggravated felonies. In such, cases Immigration may even hold such person in detention and refuse to release such person on bond claiming that he is subject to mandatory detention. Sounds awful, doesn’t it???? We need some serious changes in the Immigration Law regarding criminal convictions. The message here to anyone not a U.S. citizen and has criminal issues is to make a smart decision and hire an immigration lawyer to work hand in hand with the criminal defense lawyer.