We often receive a common question: "My family member has been detained at the border while their friends were released. Why is this happening?" Well, let's address this issue:
First and foremost, it's important to clarify that a person's detention or release is not contingent on the status of their friends. This is an incorrect standard to apply.
Secondly, the individual's situation needs to be assessed to determine whether they are undergoing an "expedited removal proceeding." If they are, they may not be eligible for bond, regardless of how much their sponsor in the United States can afford. However, there is a possibility they could be considered for release on parole.
So, what can an immigration lawyer do in this scenario? An immigration lawyer can review the "expedited removal order" and, if it was not properly issued, advocate on your behalf in immigration court. Their goal is to demonstrate to the judge that, according to the law, you are not subject to expedited removal proceedings.
