Overcoming ICE Detention - Immigration Bond Granted Despite Criminal History - Matter of C.L.M.

C.L.M., a native and citizen of Mexico brought to the United States as a minor, faced indefinite detention by ICE after a DUI arrest and an outstanding petit larceny warrant, with authorities declaring him a danger to the community and refusing to set bond. With decades of residence in the United States and extensive family ties at stake, C.L.M.'s case required immediate expert intervention to secure his release from immigration detention. Thanks to the Law Office of Alexander R. Vail, C.L.M. was able to overcome ICE's initial refusal and successfully obtain bond through strategic legal advocacy before an immigration judge. Through comprehensive analysis of detention statutes, careful preparation of mitigating evidence, and expert presentation of C.L.M.'s circumstances including his eligibility for VAWA cancellation of removal, Alex was able to convince the immigration judge that C.L.M. posed neither a danger to the community nor a flight risk. This case demonstrates how skilled legal representation can secure release from immigration detention even when clients face criminal history complications.

BOND GRANTED

Matter of C.L.M. (2025)

C.L.M. is a native and citizen of Mexico who was brought to the United States as a minor child without having been inspected and admitted or paroled. Decades later, he understandably came to see the United States as his home. But his world was rocked when he ended up in the custody of the U.S. Department of Homeland Security Immigration and Customs Enforcement ("ICE") after being arrested for driving under the influence ("DUI") in violation of Nevada law. While in ICE custody, he also learned that he had an outstanding warrant for a prior citation for petit larceny in violation of Nevada law, of which he had been unaware. ICE refused to set a bond, noting that C.L.M. posed a danger to the community.

C.L.M.'s family came to Alex for assistance. Alex obtained all the facts necessary to ensure that C.L.M. was not subject to mandatory detention under section 236(c) of the Immigration and Nationality Act (hereinafter referred to as the "INA"). Satisfied that C.L.M.'s detention was governed by section 236(a) of the INA, Alex explained to the family that an immigration judge had jurisdiction to set bond, provided C.L.M. could demonstrate he was neither a danger to the community nor a flight risk. To that end, Alex explained the factors that are relevant to each topic and helped identify the types of documents that would help in satisfying C.L.M.'s evidentiary burden.

Having everything in order, Alex proceeded to file a Motion for Custody Redetermination Hearing, requesting that the immigration court consider C.L.M.'s request for bond. Among other things, Alex explained the mitigating circumstances surrounding C.L.M.'s DUI arrest and petit larceny citation that had resulted in a warrant, stressed C.L.M.'s lengthy residence in the United States and extensive family ties, and noted that C.L.M. intended to pursue a form of relief from removal known as VAWA cancellation of removal (also referred to as "special rule" cancellation) under section 240A(b)(2) of the INA. Satisfied with the voluminous evidentiary submission, the immigration judge concluded that C.L.M. had met his burden in proving that he was neither a danger to the community nor a risk of flight and set a bond in his case.

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Alex's success in this case stemmed from his thorough understanding of immigration detention statutes and his strategic approach to overcoming ICE's initial bond refusal. By carefully analyzing C.L.M.'s criminal history and confirming that he was not subject to mandatory detention under section 236(c), Alex established the immigration judge's jurisdiction to consider bond under section 236(a). His comprehensive preparation included gathering extensive evidence of C.L.M.'s community ties, lengthy U.S. residence since childhood, and mitigating circumstances surrounding his criminal charges. Most importantly, Alex strategically highlighted C.L.M.'s potential eligibility for VAWA cancellation of removal, demonstrating to the court that he had viable relief from removal and strong incentives to remain engaged with the immigration process. This multi-faceted approach, combined with a voluminous evidentiary submission addressing all relevant bond factors, successfully convinced the immigration judge that C.L.M. posed neither a community danger nor flight risk, resulting in bond approval despite ICE's initial opposition.

Navigating the complexities of immigration law requires experience and expertise. If you are facing challenges with your immigration status or need guidance on the adjustment of status process, contact the Law Office of Alexander R. Vail today. Call us at (725) 221-5998 or reach us online for a free consultation, and let us help you navigate your immigration challenges with confidence and expertise.