Detainee Representation at Krome Service Processing Center

Detention (Representation for Detainees)

1. Persons who are subject to mandatory detention: Under immigration law (pursuant to INA § 236 (c) (1), the following persons are subject to mandatory detention:

Note: "Arriving Aliens" (Foreigners who arrive or try to arrive at a designated port in the US do not have the right to request a bond before an Immigration Judge, although they can request it from their deportation officer.

A. A person who is inadmissible for having committed any offense under INA § 212(a)(2) of the INA (the "moral turpitude section"), unless the person falls within a limited exception known as " minor offence".

B. Those who are deportable for having committed any crime contemplated in INA § 237 (a)(2)(A)(ii) (multiple crimes of moral turpitude), 237 § (a)(2)(A)(iii) ) (felonies), INA § 237 (a)(2)(B) (controlled substances), INA § 237 (a)(2)(C) (certain firearms offenses), or INA § 237 (a) (2) )(D) (various crimes of espionage and sabotage).

C. Those who are deportable under INA § 237 (a)(2)(A)(i) (an offense involving moral turpitude) if the individual was sentenced to imprisonment for at least one year.

D. Those who are inadmissible under INA § 212 (a)(3)(B) (terrorist activities) or deportable under INA § 237 (a)(4)(B) (terrorist activities).

Note: People who have been arrested and even found guilty of certain crimes can request a bond if they are detained in Florida and sent to a Detention Center such as the Krome and Broward Transitional Center (BTC). For example, people who have had cases of minor domestic violence (not with weapons), driving under the influence of alcohol, driving without a license, various types of robberies (not all, not including robbery with force), can request a bond from an Immigration Judge. Of course. You have to show that at that time you are not a danger to the community and that you would be a person who would return to Court for future hearings.

2. Detention at the Border and Credible Fear

When you are detained at the border or turn yourself in to immigration agents, and express your fear of returning to your country of origin, you will be subjected to a procedure that all immigrants detained by ICE must go through. Our immigration attorneys explain the asylum process after being caught crossing the border without proper documentation in this section of our website.

The credible fear interview (Credible Fear) can be requested by an immigrant in the United States of America who does not have legal documentation. This request is presented on the grounds that the person is afraid to return to their country, which could be due to political reasons, national origin, race, belonging to a particular social group, fear of being tortured upon returning to his country. Each circuit of this country has established decisions that establish what they consider a particular social group. Only an Immigration attorney has this knowledge. Public notaries do not have this knowledge because they are not lawyers. This application can be filed regardless of whether the person is incarcerated in a detention center.

If the officer believes the fear is credible, the person will have the option of presenting their asylum case to the Immigration Court, which will determine whether the person applies for asylum in the United States after processing through multiple courts.

If the asylum officer concludes that the fear is not credible, meaning that the person's case does not meet the conditions for the person to apply for asylum in the United States, the immigrant has the option of asking an immigration court to reconsider the asylum officer's decision.

As a result, an appointment will be scheduled with an immigration judge, during which the person will be able to present their case again and explain in detail why they are afraid to return to their country. If the immigration judge believes that the immigrant's fear is real, he or she will give the immigrant the opportunity to file their asylum application with the immigration court and begin the process described in the previous paragraph.

If the immigration judge believes that the person's fear of returning to their home country is unfounded and upholds the asylum officer's determination, the case is referred to the Department of Homeland Security and the person has the option of submitting another appeal.

This resource is part of the Motion to Reconsider the Credible Fear Interview Results.

This document allows the immigrant to provide evidence that was not accessible at the time of the credible fear interview due to circumstances that occurred after the interview. If the Motion is approved by the Asylum Department, the immigrant will have a new credible fear interview to present their case before an asylum officer.

If the officer determines that a credible fear now exists, the immigrant may apply for asylum in the Immigration Court. If the officer judges that the person's fear is still not credible, they will be deported back to their home country.

The office of Immigration and Criminal Lawyer, Alejandro Roque, ESQ., has represented more than 500 detainees in detention centers over 12 years.

If you are interested in being represented by us, contact our immigration professionals today at: (786) 699-7031.