Immigration judges and the Board of Immigration Appeals (BIA) are "tightening the noose" on non-citizens, making it harder for detained individuals to receive bond. The policy of the current administration is to use detention as a deterrent to encourage foreign nationals to leave the country. Now that BIA decisions have restricted immigration judges' jurisdiction to grant bond, a better approach is to shift to the district courts for habeas actions.
Today a detained person faces:
- Denial of bond, even with no conviction
- High bond amounts ($10,000–$15,000 or more)
- Decisions based on “danger” or “flight risk” with little explanation
- Fast-tracked immigration proceedings while still detained
- Transfers to distant states, making family contact and legal access difficult
Years ago, a strong case would involve a person with a long-term residence, family ties, and no criminal record. Today that may not be enough. Or immigration judges will set prohibitively high amounts, which can be a tragic situation. Previously we could ask for a bond hearing before an immigration judge and if that was denied, there was an option to file an appeal. In the current climate, bond is not granted even if you are not a danger to the community or a flight risk. The current strategy is moving away from futile bond hearings, and instead, asking the district court directly to order immediate release. Today that process is often ineffective.
Today’s best practice is to file a habeas corpus petition.
A habeas petition allows you to go to federal court and argue that detention itself is unlawful.
It can be used to:
- Challenge prolonged or unjust detention
- Argue that a bond hearing was meaningless or unfair
- Request immediate release, not just another hearing
- Stop or reverse transfers out of state
In urgent cases, courts can act quickly—even within hours—to issue orders.
One of the most urgent issues for a detained person is a transfer. If you are detained in New Jersey, you can be transferred to Pennsylvania, Louisiana, Georgia, Florida. Your family and likely your attorney will be back in New Jersey. This makes access to legal representation more difficult and the detained person is isolated. Nita Kundanmal has been successful in having determined people returned back to New Jersey.
By filing a habeas petition you may be able to block the transfer. That can make or break your case. However, you need an experienced attorney like Nita Kundanmal to guide you through the process. When you speak with an attorney, make sure that you ask them to explain this option.
If someone you love is detained:
- Act very quickly — timing matters
- Do not assume the system will correct itself
- Understand that bond may not be enough
- Ask whether habeas corpus is an option
- Ensure coordination between criminal, immigration or other attorneys who may be involved with the situation
The Law Offices of Nita Kundanmal has a unique expertise in handling the criminal case, the bond case, and the habeas case together. This is highly beneficial for clients. The ability to strategize across all three phases of these cases is critical, especially since getting the person out of detention slows down the bullet-train speed of the detained immigration case. The Law Offices of Nita Kundanmal can focus on all three components of your case and strategize what the best approach overall will be.
Ms. Kundanmal’s MANTRA -- "There is a Way;
Ms. Kundanmal’s WHY -- to Be Your Voice By Being Your Advocate By Paving The Pathway To Your American Dream!
She loves being YOUR VOICE when you cannot be heard or don’t know what to say. She loves telling YOUR IMMIGRATION STORY with her creative skills and getting the listener’s attention so that you are seen, heard, and that your life matters. She feels gratified to be a part of your journey in building your life in the United States.
Ms. Kundanmal’s MISSION -- To Save Immigrants’ Lives, One At A Time, By Seeking Justice And Fairness That Each Immigrant Deserves.
Ms. Kundanmal and her team members:
- Save immigrants’ lives by doing more, as we are immigrants too!
- Strive to do for each immigrant what we want for ourselves and our families!
- Lift their clients ’ immigration concerns off their shoulders & carry it on ours!
- Are invested in the outcome of our clients’ immigration status!
- Go the extra mile to get it done
- Seek to engender trust and strive to assure excellence
- Are PAVING THE PATHWAY TO YOUR AMERICAN DREAM
Ms. Kundanmal’s WIN-WIN-WIN FORMULA:
WE ARE RESULTS FOCUSED – YOU WIN
WE THRIVE ON SUCCESS – WE WIN
WITH EACH SUCCESS – THE NEXT IMMIGRANT WINS