Detained and Not Eligible to File Any Applications With the Judge to Remain in the U.S.? Think Again!
Immigration Court can be a very tricky proceeding, made even more complicated when an individual is detained. Typically when someone is detained, in order to obtain a bond from a judge, move forward in court, or have a case reopened, a detainee must be eligible to file an application seeking a green card, asylum, or some other permanent form of relief. There have been countless requests made to judges in Atlanta where the person is eligible to file for Deferred Action for Childhood Arrivals (DACA) or to pursue the provisional waiver program (applications not reviewed in court), but a judge denies the request and only allows for voluntary departure or an order of removal. The situation is compounded further because detainees are simultaneously denied bond as well. The argument has been made before immigration judges that DACA or eligibility to apply for a provisional waiver is a form of relief and eligibility to apply should warrant a continuation of proceedin...