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Requests for Additional Bond Hearings, “Joseph Hearings” and Bond Hearings for Respondents Facing Prolonged Detention

Recorded on: Apr. 19, 2017
Running Time: 01:01:05

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Taken from the Web Program Bond Basics and Strategies for Representing Clients Subject to Prolonged Detention recorded April, 2017 in San Francisco.

Requests for Additional Bond Hearings, “Joseph Hearings” and Bond Hearings for Respondents Facing Prolonged Detention [01:01:05]

After an initial bond hearing, § 1003.19(e) limits requests for subsequent bond hearings to written requests showing that the alien's circumstances have changed materially since the prior bond hearing. According to Matter of Joseph, 22 I&N Dec. 799 (BIA 1999), a respondent is always entitled to a hearing to determine whether he or she is subject to mandatory detention.  During a “Joseph Hearing,” where an attorney challenges whether a client is subject to mandatory detention,  one can argue that a client was never convicted of a crime, that the client is not removable, or, depending on the circuit, may be able to argue that ICE did not take custody of the client directly from physical criminal custody.  Meanwhile, Rodriguez v. Robbins 715 F.3d 1127 (9th Cir. 2013) holds that an immigration judge must hold an individualized hearing for individuals detained for six months or longer, and shifts the burden to the government to establish that continued detention is warranted.  This panel will provide an overview of when a subsequent bond hearing might be warranted, when the need for Joseph or Rodriguez hearings might arise, and how to prepare for these hearings.

Lisa Knox, Christina H. Lee

Presentation Material

  • Key Precedential Decisions
    Lisa Knox, Christina H. Lee
(s)
Lisa Knox ~ Immigration Staff Attorney, Centro Legal de la Raza
Christina H Lee ~ Founding Partner, Becker & Lee LLP
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