11/27/2019 Adams county correctional center: ice's newest detention facility in the southern united statesRead NowJust a few months ago, ICE recently opened up a new detention facility located at Adam's County Correctional Center in Natchez, Mississippi. This facility is run and operated by CoreCivic, one of many federal independent contractors which contracts with Immigrations and Customs Enforcement (ICE) to house thousands of inmates. This particular facility houses approximately 2,200 detainees. In total, there are approximately 425 CoreCivic employees that are in charge of running this particular facility.
If you have a friend or family member that is being detained at this facility, you can visit them by traveling to the following address: 20 Hobo Fork Road, Natchez, Mississippi 39120. While immigrant detainees at this facility are not allowed to make outgoing calls, you can call and leave a message for them to call you back at (601) 304-3003. However, they must have money deposited into their account before they are allowed to make outgoing calls. Click the link HERE for instructions on how to deposit money into your loved one's account. If you want to visit your friend or family member at the Adams County Correctional Center, you must make sure to schedule a visit during the hours of visitation. Most federal contractors are extremely particular about this rule and if you either fail to schedule a visit or show up during non-visiting hours, you will likely be turned away...even if you have traveled from long distances to arrive at the Adams County Correctional Center. Hours of visitation for this facility differ depending upon the security level of the individual being visited. If your friend or family member is a low security male, you can visit them from Friday through Monday in certain hours. Click on the link HERE in order to find the exact visitation hours for your particular friend or family member. There are no vistitation hours between Monday and Wednesday so if you show up on any of these days you can expect to be turned away. Also, make sure to bring with you government issued identity card such as a driver's license, green card or passport in order to enter the facility. You also must be the age of 18 or older to visit this facility, so if you plan on visiting this facility, don't bring any minors with you. You also are not allowed to bring any cell phones or other electronic devices such as an Apple Watch with you into the facility. The wesbite at this facility states that if you have a loved one here and need more information from the immigration court, you can call them at 1800-898-7180. If you call this number, you will only reach an automated voice response that only gives you very general information about your loved one's case such as time and date of your loved one's next hearing. If you want more specific information about your loved one's case, you should contact the immigration court directly. There are no immigration judges at the Adams County Correctional Center. The immigration court in charge of conducting hearings at the Adams County Correctional Center is located in New York City, New York. More specifically, the immigration court at 201 Varick Street, 5th Floor, Room 507, New York, NY 10014 is in charge of conducting hearings. Any documents that are filed by the immigrant in detention proceedings must be directly filed at this address. DO NOT SEND ANY DOCUMENTS YOU INTEND TO FILE DIRECTLY TO THE ADAMS COUNTY CORRECTIONAL CENTER AS THEY WILL NOT ACCEPT THESE DOCUMENTS. If you have any questions about this, you are encouraged to call the Varick Street Immigration Court directly at (646) 638-5766. Any documents filed with the Varick Street Immigration Court must also be served upon the attorneys working for the Immigration and Customs Enforcement (ICE). The ICE service address is 201 Varick Street, Room 1130, New York, NY 10014. YOU MUST INCLUDE A SEPERATE CERTIFICATE OF SERVICE WITH THIS ADDRESS FOR ANY DOCUMENTS FILED WITH THE VARICK STREET IMMIGRATION COURT. Fortunately, immigration attorneys at the Adams County Correctional Center are allowed to visit their clients 7 days a week so if you have an emergency and need to find someone, give immigration attorneys at Liberty Law Group a call and we would be more than happy to provide assistance to you as we have many clients located at this facility and we are only a short drive away. Additionally, immigration lawyers at Liberty Law Group have experience with the Varick Street Immigration Court immigration judges. Overall, these judges are extremely fair and will give you a reasonable bond if you properly prepare your bond application and meet enough of the bond factors in order for the immigration judge to exercise its discretion to grant bond. Natchez, Mississippi is known as a vacation destination for many tourists wanting to experience the old south so if you happen to visit this facility, you will have plenty of dining and lodging options available to you. According to www.vacationidea.com below is a list of the top 20 things to do and see while in Natchez, Mississippi:
As you can clearly see, there is a lot to see in do while visiting your loved one who is detained at the Adams County Correctional Center in Natchez, Mississippi. If you want to give your loved one the very best chance for obtaining bond or winning their case in immigration court, please contact immigration lawyers at Liberty Law Group and we will walk with you through every step of the process.
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On November 19, 2019, the United States Department of Justice and the Department of Homeland Security published a joint interim final rule pertaining to aliens who are subject to at least one of the Asylum Cooperative Agreements that the United States has entered pursuant to Section 208(a)(2)(A) of the Immigration and Nationality Act.
What are these Asylum Cooperative Agreements? Found within the Immigration and Nationality Act, is a seldom used rule that allows the United States to deny asylum to an individual who can be sent to a "Safe Third Country." This law allows the United States to remove an asylum seeker to another country with which the United States has entered into such an agreement. This third country would then determine whether this individual merits protection under its asylum laws. Pursuant to the Immigration and Nationality Act, in order to remove an asylum seeker to a safe third country, the United States has to prove that (1) the person would not be persecuted in that third country; and (2) that third country can provide a "full and fair" procedure to request asylum. Prior to the present administration taking office, the only Safe Third Country agreement was entered into between the United States and Canada and this agreement only applies to individuals who pass through Canada to enter the United States and who pass through the United States to enter Canada. This agreement does, however, allow individuals who pass through Canada to apply for asylum in the United States if the person passing through has a family member so long as the family member has legal status in the United States or is applying for asylum. Ever since President Trump came into office, the United States has since entered into Safe Third Country agreements with El Salvador, Honduras and Guatemala. These agreements contain none of the exceptions provided for in the Safe Third Country agreement between the United States and Canada. Also, these agreements do not contain any provision that the agreement only applies to persons passing through these countries. In essence, what this means is that if an individual passes through Mexico to apply for asylum in the United States, that person might be removed to El Salvador, Honduras and Guatemala pursuant to these agreements. These rules technically could also apply to individuals from Mexico seeking asylum in the United States. What this means in real terms is that the United States could send any asylum seeker to El Salvador, Honduras and Guatemala and make them apply for asylum in one of those countries. With this context in mind, let's go back and take a look at the new joint interim rule the United States Department of Justice and Department of Homeland Security just published. First, and foremost this rule only applies to aliens who arrive at a United States Port of Entry or enter or attempt to enter the United States ports of entry, on or after November 19, 2019. Second, this rule clearly states that it only applies to aliens who are subject to these Safe Third Country agreements. The next question then becomes who exactly is subject to these agreements? Most news agencies believe that only those people who first pass through either Honduras, Guatemala or El Salvador are the ones subject to these agreements, but a careful review of the text of these agreements does not appear to support this position. In fact the text of the agreements only states who is not subject to the agreement, not who is subject to the agreement. For example, the Asylum Cooperative Agreement between the United States and Guatemala only states that it does not apply to citizens or nationals of Guatemala - it does not state who it applies to. This is an issue that will need significant clarification as this program moves forward. Third, aliens who are subject to these agreements will have an opportunity to establish that it would be "more likely than not" that the alien's life or freedom would be threatened in the third country on account of a protected ground or that the alien would be tortured in the third country." Essentially, if the alien proves that they would be harmed in the third country in which they are being sent, they will be able to seek asylum in the United States. This "more likely than not" burden of proof is absurd and is way more difficult to prove than the asylum burden of proof where the alien must only show a "credible fear of persecution." Supporting such a heavy burden of proof often requires significant documentation and much preparation. The problem is that this burden of proof is being determined by asylum officers at the border immediately upon entry by the alien into the United States - by the time the alien goes through the first screening step, they will not have sufficient time to prepare their case and bring such evidence in order to meet this heavy burden. As a result, this makes it almost impossible for an alien to meet this exception. Additionally, prior to implementation of this rule the Department of Justice and Department of Homeland Security are required to "make a generalized determination as to whether the third country grants asylum seekers access to a full and fair procedure." This is a joke. None of these "Safe Third Countries" have the resources to provide a "full and fair procedure." If an asylum officer determines that an alien is not subject to an Asylum Cooperative Agreement, that the alien falls within an exception to each applicable Asylum Cooperative Agreement, or that the alien would more likely than not be persecuted on account of a protected ground, or tortured in each of the prospective receiving countries, then the alien is eligible to apply for asylum, withholding of removal or relief under the Convention Against Torture in the United States. If the alien doesn't meet one of these three requirements then the alien is not eligible to apply for asylum, withholding of removal or relief under the Convention Against Torture - this differs greatly from the previous third country asylum rule which still allowed individuals passing through third countries to apply for either withholding of removal or relief under the Convention Against Torture. It is critical to point out that an immigration judge does not have jurisdiction to review an asylum officer's determination of whether this provision applies to a certain alien. Additionally, it is important to note that a federal immigration officer recently told a reporter from Reuters that aliens in this screening process are not allowed access to an attorney. Finally, it is also important to point out that this new law will not apply to the following individuals: (1) unaccompanied children; (2) migrants with valid U.S. travel documents; (3) cases of public interest; and (4) separation of spouses and families. This new rule is not surprising and is yet another attempt by the Trump Administration to undermine the asylum laws in the United States and put asylum seekers in harms way be sending them to countries with some of the highest murder rates in the world. If you are concerned a friend or relative will be placed in this new program, you are welcome to contact Louisiana immigration lawyers at Liberty Law Group and we will be more than happy to provide you with a free consultation regarding this issue. Many people cannot afford to pay for an immigration attorney to represent them in their case, so for many individuals, their only option is to do it alone. While this is not recommended, it certainly is possible to win your case without an immigration attorney. But before proceeding on your own, you should at least ask an immigration attorney to review your case to explain the steps to you. Louisiana immigration attorneys at Liberty Law Group provide consultations free of charge as a service to our community – if you cannot afford our services then at least give us a call and let us take you through the steps and explain the process to you. You should also consider speaking with legal service providers like Southern Poverty Law Center or Catholic Charities – these non-profit organizations provide pro bono services to immigrants in immigration removal proceedings all over the countries. Some of these organizations don’t just accept everyone that walks through their door, so if they don’t take your case, your only option at that point is to either pay big money for an immigration attorney (often times the cost can exceed $10,000) or go at it alone. While we hope you choose Liberty Law Group as your legal immigration service provider in Louisiana, we understand this may not be an option for you. As a result, we are providing you with this article so that you will know what to expect at your next immigration hearing. All immigration proceedings start with service by an ICE officer of a Notice to Appear. A sample Notice to Appear can be found at the following link: https://www.nationalservice.gov/sites/default/files/resource/Track_I_Sample_NTA.pdf. Several comments can be made about the notice to appear. First and most importantly, if it is in fact a notice to appear that you have been given, the first page of the document will actually say “Notice to Appear” in bold in the upper right hand corner of the document. If it does not have these words, it is probably some other type of document. The Notice to Appear puts forth in numbered paragraphs the allegations by DHS against you – essentially these are pleadings which tell the immigration judge why you should be deported and sent back to your home country. Before you attend your first immigration court hearing, you should make sure to read each of these allegations very carefully. Very often times these allegations are not disputed and the immigrant will simply admit to each of these allegations at the first hearing. BUT, this may not always be the case. If you believe that any or all of these allegations are in error, then it is your job to deny these allegations at your first master calendar hearing and force the DHS prosecuting attorney to prove the allegations against you. In addition to citing the factual allegations against you as to why you should be deported from the United States, at the bottom of the Notice to Appear you will find a reference to the legal statute which the government is relying upon to deport you. Understanding this statute and how it relates to your case can often times be the most difficult part of your case, especially if you are a permanent resident being deported as a result of pleading guilty to some crime. Often times immigration attorneys even have a difficult time understanding these removal statues and how they relate to crimes. Inexperienced immigration attorneys often give bad advice on these extremely complicated legal issues. If you choose to contest DHS’s factual and legal allegations against you, the immigration judge usually decides the matter in one of two ways: (1) they will require the government to prove its case at the very first master calendar hearing; or (2) the immigration judge will set a new court date for what is known as a “contested master calendar hearing.” Often times, immigration judges will choose the second option because most immigration judges in the United States are pro DHS and will give DHS every opportunity possible to prove their case against you. DHS will use this time to gather documents supporting removal such as certified copies of conviction records, I-213s and other legal documents. It is often difficult to predict exactly how many hearings you will have in immigration court – it is different for everyone. For some of our clients, we might have 5 or 6 total hearings, for other clients it may be as low as two hearings. Generally though, here is a description of the immigration court hearings you will have and what to expect at each hearing; 1. First master calendar hearing – see above. You should show up to court prepared to admit or deny the government’s allegations against you. If you have not had time yet to consult with an immigration attorney prior to your first master calendar hearing, you should ask the judge for one continuance in order to find an attorney. It is fairly standard for an immigration judge to grant a least one continuance and it will most likely be granted if you request it. 2. Second master calendar hearing – This may be a contested master calendar hearing if you deny the government’s allegations. If you admit to the government’s allegations, this will be the hearing where you will submit the application for whatever relief you are eligible for. This is also why it is important to consult with an immigration attorney before your first court date, because it is often difficult to know what relief you might be eligible for if you don’t speak with an attorney. In immigration proceedings, there are a variety of ways to remain in the United States even if the government proves that you should be deported. Here is a non-exclusive list: (1) asylum – you fear returning to your country because you believe you will be persecuted on account of your membership in certain groups; (2) cancellation of removal – you have lived in the United States more than ten years, don’t have any disqualifying convictions, prove that you have good moral character, have a relationship to a US citizen spouse, parent or child and prove that your removal to your country would result in extreme hardship to your US citizen family member; (3) readjustment of status – if you were a green card holder and found removable, under certain limited circumstances you may be eligible to re-apply for your green card by submitting an adjustment of status application along with a waiver for whatever ground of inadmissibility you have; (4) T visa – you were a victim of human trafficking and would like to use the T visa to waive your illegal presence in the United States; (5) U visa – you were the victim of a crime in the United States and would like to use the U visa to waive your illegal presence in the United States; (6) voluntary departure – you do not qualify for any other form of relief and want to make sure that the 5 or 10 year bar for being deported doesn’t prevent you from returning with that period of time so you might be eligible to ask the judge to grant you voluntary departure. 3.Merits hearing: You have already submitted your application and at the second master calendar hearing, the judge selects a date for your merits hearing. This is essentially your trial where you are given the opportunity to present documents and witnesses to support your case. You or your attorney will have an opportunity to ask relevant questions to both yourself and each witness you choose to use, the DHS prosecuting attorney will have an opportunity to cross-examine both yourself and any witness you choose to use and the immigration judge also will probably have quite a few questions to ask you. If the immigration judge denies your case, you will have 30 days to appeal the decision to the Board of Immigration Appeals in Virginia. The Board of Immigration Appeals will either affirm the decision of the immigration judge, overturn the decision and grant the relief you requested or remand the case back to the immigrant judge for further proceedings. The time between the first and last hearing depends on two primary factors: (1) the location of the hearing; and (2) whether you are in detained or non-detained proceedings. Given the nature of the case and the fact that the immigrant is in detention during the pendency of the case, detained proceedings move must faster than non-detained cases and usually won’t take more than 3-4 months at the most. Non-detained cases can take years given the fact that the immigration court system is seriously backlogged with cases. If you don’t have the finances to pay for an immigration attorney or if a non-profit organization chooses not to accept your case, if you are determined enough, you certainly can represent yourself in your immigration case, but it will take a LOT of work and preparation in order to give yourself the best possible chance for winning. That said, please call us and let us at least work with you in preparing your case – we can give you the roadmap for success, even if you choose not to ultimately retain us. |
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AuthorChris lives in Alexandria, Louisiana where he enjoys playing with his girls and being the best husband he can possibly be. Archives
February 2021
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