Once detained by the Department of Homeland Security (DHS) some individuals are not eligible to be bonded out. These are individuals that have Mandatory Detention. Mandatory Detention includes the following:
- Arriving aliens;
- Individuals subject to expedited removal who claim a credible fear of persecution in their native country;
- Criminal aliens listed in Section 212(a)(2)of the Act;
- Criminal aliens who are deportable or removable based upon convictions found under INA § 237(a)(2); and
- Terrorists under INA 237(a)(3)-(4).
The Attorney General may release an individual subject to Mandatory Detention if it is deemed necessary. DHS may release certain conditions if there is clear and convincing evidence that the release does not pose a danger to the community and evidence that the alien will appear for later proceedings.
There is action attempting to prevent long term detention of individuals stemming from cases such as Preap et al v. Beers et al. If a person close to you is detained, consult with legal counsel asap to discover their rights.
Daniel L Morris, The Morris Law Firm, (214)357-1782 firstname.lastname@example.org