If the INS has lodged a detainer against you, this means that while you are serving your sentence you would not be eligible to serve your sentence at a federal prison camp. It also means that while serving your sentence you will not be eligible for furloughs to visit your family. It also means that you will not be eligible for a halfway house placement which could normally get you out of prison much earlier than otherwise would be the case. Lastly, (and probably most importantly), it also means that when you do complete the serving of your sentence you will be turned over to the INS to be deported to your home country.

Attacking the Validity of the Conviction Which Serves as the Basis for Deportation - Many times in the past, defendants who are facing removal have been able to avoid removal by successfully contesting the criminal convictions upon which their removal will be based. For example, if you entered a plea in the case which is serving as the basis for your removal but you were not advised by your attorney or the judge at the time you entered a plea that you would be subject to deportation, you may be able to argue that your conviction should be set aside because you did not enter a knowing and voluntary plea. NLPA can assist your counsel in the research and preparation of a post-conviction motion designed to set aside the conviction that the INS is using as a basis for your deportation.

Asylum or Withholding on Deferral of Removal - You may also be able to avoid removal from the United States by applying for Asylum or Withholding and Deferral of Removal. These avenues of relief are based upon Article 33 of the Unites Nations Convention Against Torture. Through demonstrating a reasonable probability that you will suffer some form of persecution if you are returned to your home country this application is pursued. This motion can be filed at the same time as any other motion to seek to remain in the United States.

Work Authorization - Being released on bond doesn’t help much if you cant work and support your family. Certain aliens released on bond can qualify for work authorization while removal proceedings are pending. It is not unusual for an individual to be released on bond with work authorization for many years, while removal proceedings are protested.

Case Evaluation - Some defendants feel they would like to have NLPA’s attorneys conduct a case evaluation BEFORE actually undertaking the process. This evaluation will outline all of the options available. Further, the evaluation will give you a sense of your chances of success. Once you have received our evaluation, should you then want to implement the recommendations made in the evaluation, the fee paid for the evaluation will be credited toward the cost of whatever pleadings are necessary.