Today (February 17, 2005), we received a phone call from Board of Immigration Appeal (BIA) for a case we represent. The BIA clerk notified us that a bond determination we obtained for an alien detained in Laredo, Texas has been upheld and the BICE＊s (Bureau of Immigration and Custom Enforcement) Motion for Emergency Stay and Request for Redetermination of Immigration Judge＊s Bond Determination has been denied by the BIA. This means that once we received the order, our client can be released from the BICE detention.
This case involves an alien who was arrested days after he entered the U.S. without inspection. When this file was transferred to Lin & Valdez, the alien has been detained for a period of time and the previous attorney believed that the alien was subject to expedited removal and as such did not request for bond hearing at all.
Fortunately to our client, Attorney Stewart Lin believes otherwise and he requested for a custody redetermination for this client. Mr. Lin in his request to the Court pointed out that the alien who has been in the U.S. for days were not an ※arriving alien§. He also pointed out other reasons why he should be released. Prior to the hearing on February 8, 2005, BICE counsel filed a Motion to Pretermit Respondent＊s Request for A Custody Redetermination on the ground that the immigration court does not have jurisdiction over aliens in expedited removal. In the hearing, the presiding Judge sided with Mr. Lin and agreed with our position that the Judge does have jurisdiction. The government＊s Motion to Pretermit was as such denied, and a bond for releasing the alien was set.
Undaunted, the BICE counsel then filed a Notice of Intent to Appeal and then filed the emergency stay Motion. As this is an emergency matter, our office filed our response to BIA on February 14, 2005 and the Board of Immigration Appeal made a speedy decision today upholding our position.
This sounding victory we earned for our client is actually a very good lesson for we all. Currently many aliens are detained in various detention centers, some rightfully, some by error. In this case, the government insisted that the immigration judge does not have jurisdiction and we have proved it wrong. If you have any friends or relatives presently detained by the Immigration, please contact us for an evaluation.