Immigration Consequences of Being Arrested
Sometimes just being arrested can have serious immigration law consequences. (8 USC secs. 1252(a), 1357(a), 8 CFR secs. 242.2, 287.3).
These code/rule sections allow the government to hold individuals without bail or any other release procedure. Typically, these immigration statutes/regulations are invoked in a criminal court setting.
Criminal defense attorneys usually do not have experience with immigration law, and do not have the adequate knowledge to challenge the invocation of these above-mentioned laws. Given today's climate, however, some criminal defense attorneys are adding immigration law to their repertoire.
Indeed, there are boutique defense firms arising that have begun to specialize in both criminal defense and immigration law, with an emphasis on the immigration consequences of criminal arrests and convictions, and on existing and newly created federal crimes that have immigration law origins and implications (i.e., the Patriot Act).
These code/rule sections allow the government to hold individuals without bail or any other release procedure. Typically, these immigration statutes/regulations are invoked in a criminal court setting.
Criminal defense attorneys usually do not have experience with immigration law, and do not have the adequate knowledge to challenge the invocation of these above-mentioned laws. Given today's climate, however, some criminal defense attorneys are adding immigration law to their repertoire.
Indeed, there are boutique defense firms arising that have begun to specialize in both criminal defense and immigration law, with an emphasis on the immigration consequences of criminal arrests and convictions, and on existing and newly created federal crimes that have immigration law origins and implications (i.e., the Patriot Act).