Page 45 - TIE 081321

ImmIGRATION AUGUST 13, 2021 | The Indian Eye 45

NOW

IndiaLife TV Available

on your SmartTV with Zingo TV App

ing bond under §1226(a) leased on parole or on Cir. 2011). In other juris- stricts the ability to ob- *Guest author Sophia Geno-
Simply go to your App Store or Play Store
authority, there remain their own recognizance. dictions, noncitizens can tain release from ICE vese is a Pro Bono Supervising
several avenues to advo- In seeking release, non- seek release via a petition custody for noncitizens Attorney at Catholic Charities
cate for release: citizens must establish for writ of habeas corpus, in withholding-only Community Services, Arch-
diocese of New York. Sophia
Advocates and attor- that they are not a dan- arguing that their indef- proceedings. Although trains and mentors pro bono
neys may request that ger to the community nor inite detention violates practitioners have many volunteer attorneys in their rep-
ICE exercise prosecuto- a flight risk, and should their due process rights. other tools at their dis- resentation of immigrants in
From SmartTV Download ZingoTV App
rial discretion in vacat- submit evidence of strong Zadvydas v. Davis, 533 posal to advocate for the removal proceedings. Sophia
ing reinstatement orders equities which would U.S. 678 (2001). release of their clients, also represents detained and
and issuing notices to convince ICE to exercise (See the American what is ultimately needed non-detained immigrants in
seeking release and relief before
appear, which will allow its discretion in releasing Bar Association’s Guide are concrete legislative the immigration courts. Sophia
noncitizens to pursue all the noncitizen from ICE for Seeking Release from changes that make clear previously worked as an Asso-
relief in ordinary removal custody. (See CLINIC’s Indefinite Detention Af- noncitizens in withhold- ciate at Cyrus D. Mehta & Part-
Login|Register with your eMail then
proceedings. 8 U.S.C. § Guide to Obtaining Re- ter Receiving A Final ing-only proceedings are ners PLLC, where she gained
1229(a); Villa-Anguiano lease From Immigration Order of Deportation bond eligible, or more critical insights into immigra-
tion law.
v. Holder, 727 F.3d 873, Detention for helpful tips for tips and sample peti- broadly, legislation which
(This blog is for
878-79 (9th Cir. 2013) on preparing these re- tions). challenges the existence informational purposes and
(“ICE agents, to whom quests for release). Johnson v. Guzman of immigration detention should not be viewed as a sub-
§ 1231(a)(5) delegates Noncitizens may also Chavez significantly re- for all noncitizens. stitute for legal advice).
Start Watching IndiaLife TV 24 Hours LIVE
the decision to reinstate a continue seeking bond _________________________________________________________________________________________________
prior removal order, may hearings in the Third and Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
exercise their discretion Ninth Circuits, where Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s
not to pursue stream- these jurisdictions have Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics
lined reinstatement pro- ruled that noncitizens in Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
cedures.”) It follows that withholding-only pro- Appellate Division, First Department, New York; member of the ABA Commission on Immigra-
tion; board member of Volunteers for Legal Services and board member of New York Immigration
the noncitizen would ceedings are permitted to Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration
then be detained pursu- seek custody review after Council and former chair of the Committee on Immigration and Nationality Law of the New
ant to §1226(a) and thus their detention has be- York City Bar Association. He is a frequent speaker and writer on various immigration-related
entitled to a bond hear- come prolonged (usually issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where
ing. at six months). You can click www.indialife.tv
he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith
Individuals may also Guerrero-Sanchez v. Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
seek release from ICE Warden York Cty. Pris- Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation
custody as a matter of on, 905 F.3d 208 (3d Cir. in the immigration field. He has also received two AILA Presidential Commendations in 2010
on your browser and watch IndiaLife TV 24 Hours
prosecutorial discretion. 2018); Diouf v. Napoli- and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by
Noncitizens may be re- tano, 634 F.3d 1081 (9th Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
Chambers Global 2019 in immigration law, among other rankings.

www.TheIndianEYE .com

Also download ZingoTV

for any of your Mobile Device

or any Smart Device

Start Watching IndiaLife TV

24 Hours LIVE IndiaLife TV

The Heartbeat of

Indians in

North America

and Worldwide

Advertise with IndiaLife TV

Call: 1-917-662-1122 eMail: [email protected]