Detained at Temecula Immigration Checkpoint - What to do Next?
The first thing to do is hire an immigration attorney. Once detained, the Border Patrol will verify the detainees immigration status. If found to be illegally present, they will offer the detainee the option to leave immediately (voluntary departure) or to fight against removal before a Judge. It is important if the detainee wants a chance at fighting against removal he or she does not accept voluntary departure. With voluntary departure, the detainee issent back to his home countryas quickly as a couple hours to 72 hours after first being detained, without any chance of seeing his family beforehand.If the detainee refuses voluntary departure, he or she will be transferred to a detention facility. The two closest facilities to the Temecula checkpoint is Otay Detention Facility in San Diego and Mira Loma Detention Center in Lancaster. Since the detainee is now in federal immigration custody, there is the possibility that they can be transferred to any facility in the United States. That means it is possible for a detainee to start in one facility close by then get transferred to Arizona, Miami or any other facility in any other state. It is important to work with an immigration attorney as soon as your family member or friend is detained so that they can work on a quick release and minimize the risk of an out of statetransfer.
When your loved one is first detained, he or she will be sent to a detention facility and processed. Depending on the facility, you might be able to visit within 24 hours or wait a few days. Generally immigration officials will determine whether or not to set a bond amount within 48 hours of detention. If they do not do this then you will need to have an attorney filed a Motion for Bond so that your family member can be released while the proceedings are pending. At the hearing to determine bond, the Immigration Judge will decide on a bail amount based on a variety of things: family and community ties, is the person eligible for any relief, does he or she have any prior criminal history, if so, how long ago and how sever was the crime. Once the bond amount is set, you can either pay it in full or go through a bail bondsman. Once paid, your family member will be released immediately, most often the same day. After release on bond, the case will be sent to an Immigration Court where any applications for relief will be filed and a final decision on removability will be made.
