Good Things Come to Those Who Ask

I recently had a permanent resident client who was convicted of possession of a controlled substance and grand theft.  This rendered the client deportable, and he was taken into immigration custody in San Jose and placed in deportation proceedings by the Immigration and Customs Enforcement (ICE). San Jose ICE transfered the Client to a detention facility in Tacoma, Washington. 

In addition to being deportable, this client is also subject to mandatory custody under current immigration law. This means that the law requires that such a person be kept in immigration custody throughout the duration of the removal or deportation proceedings. The immigration judge does not have the authority to let that person out of custody. Normally, no immigration bond would be set.

Despite knowing this, I contacted the ICE Duty Attorney in Tacoma and inquired about ICE's postion on bond for this client.  I was apprised that ICE's local policy was to not assert mandatory detention if the client did not come into their custody in the first instance.  As my client was first taken into custody in San Jose, and later transferred to Tacoma, no mandatory detention would be asserted.  I requested that bond be set for the client, ICE did not contest the bond request, and the Immigration Judge set a very reasonable bond.  The client is now home with his family.

The moral of this story is to be proactive on behalf of the client, even when the law appears to not be in their favor.  You don't know what you'll get until you ask.