Q: Can my cousin have a free immigration lawyer?
My cousin is at Broward detention center (Immigration center) He's been illegal here for 22 years, no wife, no kids. He has a brother who's a Resident ( who had medical problems, and a lot of medical bills ) and a niece who's a citizen. He never filled his taxes ( maybe just a couple of years)
He was stopped with no driver license in January, went to jail for a Month, and Ice picked him up from Jail 24 hours later. First Court immigration hearing will be this coming Monday. Is this first Hearing already for the bond?
Will he have the choice to have a free lawyer? How easy could be to have a immigration bond? Thank you.
He is not eligible to have a free legal counsel as that only attaches to criminal cases not administrative immigration proceedings.
He must retain a local immigration counsel without any delay as his future will be permanently affected by removal proceedings.
Gunda Yohanna Brost agrees with this answer
A: immigrants in removal proceedings do not have a constitutional right to free counsel
A: I am so sorry to hear about your family's situation. Unfortunately, the government won't provide him with a pro bono attorney. When ICE detained him at BTC, ICE is obligated to provide him with a list of organizations that provide free legal services or low-cost legal services to him. You can contact Broward Legal Aid or Catholic Charities in Miami to see if they can represent him. Good luck.
Your cousin may be eligible for free or low-cost legal representation through a non-profit legal services organization or pro bono immigration attorney. However, the availability of free legal representation may depend on the specific circumstances of your cousin's case and the resources of the legal services organization in your area.
At your cousin's first immigration court hearing, he will be able to request a bond hearing. The bond hearing will determine whether he will be released from detention while his immigration case is pending, and if so, the amount of the bond that he will need to pay.
It's important to note that the decision to grant a bond and the amount of the bond will be up to the discretion of the immigration judge, based on a variety of factors, including your cousin's flight risk, criminal history, and ties to the community.
Your cousin will have the right to be represented by an attorney at his bond hearing and throughout his immigration proceedings. If he cannot afford an attorney, he may be able to request a court-appointed attorney, but the availability of court-appointed attorneys may vary depending on the jurisdiction and the resources of the court.
It's recommended that you and your cousin consult with an experienced immigration attorney as soon as possible to understand his legal options and to ensure that his rights are protected throughout the immigration process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.