CORONA VIRUS / COVID-19 ADVISORY

Due to the health risks posed by the Corona Virus tragedy, our office is following the directives of the governor of California in order to minimize the risks to our staff, our clients and our community. Our office will continue to operate fully, as it has thus far, observing our normal schedule, Monday through Friday from 8:30 a.m. to 5:30 p.m. We will continue to schedule appointments to meet with clients and will do this via ZOOM or Telephone only.

If you would like to schedule an appointment with any of our lawyers or staff members, please do so by calling our office at 619-291-1112. You can also contact us via e-mail at [email protected]janbejar.com

Thank you for your understanding.

AVISO DE CORONA VIRUS / COVID-19

Debido a los riesgos para la salud planteados por la tragedia del Virus Corona, nuestra oficina está siguiendo las directivas del gobernador de California para minimizar los riesgos para nuestro personal, nuestros clientes y nuestra comunidad. Nuestra oficina seguirá funcionando a pleno, como lo ha hecho hasta ahora, cumpliendo con nuestro horario habitual, de lunes a viernes de 8:30 a.m. a 5:30 p.m. Continuaremos programando citas para reunirnos con los clientes y lo haremos solo a través de ZOOM o por teléfono.

Si desea programar una cita con alguno de nuestros abogados o miembros del personal, hágalo llamando a nuestra oficina al 619-291-1112. También puede contactarnos por correo electrónico a [email protected]

Gracias por su comprensión.

Resolving Immigration ProblemsIn An Honest & Responsible Manner

Supreme Court Overturns Ninth Circuit Ruling Requiring Immigration-related bond hearings in San Diego

A previous Ninth Circuit ruling that had made it a requirement for detained immigrants to have regularly scheduled bond hearings, was overturned by the Supreme Court with a 5-3 vote on Tuesday, Feb. 27. Now, many immigration rights advocates fear that the detainees will be forced to spend extended periods of time in detention until their cases are fully processed through the court system.

Immigration laws in this country have long made it where asylum seekers and noncitizens with certain criminal convictions on their records have been detained upon attempting to enter the United States. They’d typically be held until their cases were heard by an immigration judge.

Even then, though, they were permitted bond hearings every six months. It’s at those hearings that the onus fell on federal agents to prove that the detainee was unlikely to appear for hearings or posed some type of danger to society.

The case that led to the Supreme Court becoming involved started with a Mexican greencard holder who’d previously been convicted on both a misdemeanor drug charge and for joyriding.

At the time that the American Civil Liberties Union (ACLU) stepped into his matter to request a bond hearing, he’d been held in detention by immigration authorities for three years. After much legal wrangling, ACLU attorneys were able to convince a judge that holding someone in detention indefinitely was unconstitutional. The man ultimately got his bond hearing.

With the latest Supreme Court ruling, though, it would appear that other detainees won’t be afforded the same opportunity to plead their case for release on bond. The Supreme Court justices decided to have lower court judges revisit whether the detention is constitutional in the first place.

Immigration and Customs Enforcement (ICE), under President Trump’s direction, has been given some authority to decide whether or not to detain an individual. They tend to air on the side of detention pending bond hearings.

Those detained in Los Angeles will still be entitled to bond hearings although those in Imperial or San Diego countries will not. The Department of Justice hopes this will free up immigration judges up to deal with its 650,000 current cases.

Previously scheduled bond hearings will still be heard.

If your loved one is being held in custody without any promise of a bond hearing, then a San Diego attorney can advise you of your rights in your legal matter.

Source: San Diego Union Tribune, “Supreme Court decision means many immigrants will stay in detention for longer,” Kate Morissey, Feb. 27, 2018

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