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November 13, 2007

No immigration bond in Nashville Tennessee under 287g

Immigrants are initially detained by law enforcement officers based on a criminal infraction. They are then taken to the jail where a determination is made of the criminal bond and they are served with an NTA. The jail has a policy of not posting an immigration bond. Their access to attorneys is severely limited. The EOIR with jurisdiction in Memphis has stated that because they are not under ICE custody they have no right to a bond hearing.

I disagree custody begins with the NTA being served. After completion of their criminal case they are transferred to another facility out of state. It is extremely difficult to determine where they will go. Normally we learn where they are one week later. The EOIR in Memphis no longer has jurisdiction as they are out of state. The EOIR in Atlanta has jurisdiction but will not grant bond as they are in transit to Louisiana. Once reaching Louisana the EOIR in Oakdale will set bond. Time in custody to reach Oakdale is from one to three months.

Posted by VisaLawyer at November 13, 2007 07:16 AM


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