Our client is a Jamaican citizen and conditional permanent resident of the
United States. He has a joint petition with his
United States citizen wife pending with USCIS for his permanent green card. Criminal charges were instituted against him, which are pending. The Department of Homeland Security lodged a detainer against him and threatened to hold him in custody if bail was posted in the criminal matter, and bring Immigration Courtproceedings against him to remove him from the
Robert D. Kolken, Esq. had bail posted, and informed the Special Investigator from DHS that we would institute Immigration Court bond proceedings to secure the client’s release from custody unless the detainer was lifted because the pendency of criminal proceedings, absent a conviction, do not constitute grounds for deportation. The Department of Homeland Security withdrew the detainer and the client was released within 24 hours of our retention.