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Forfeiture Defense-Defendant in ICE Custody
https://ftp.fugitiverecovery.com/forum/viewtopic.php?f=13&t=8691		 Page 1 of 2
Author:  custombonds [ Mon 07 Jul 2008 18:45 ]
Post subject:  Forfeiture Defense-Defendant in ICE Custody
With all of this hulla-bullooo about Immigration these days, my agency has encountered issues with getting documentation about our defendants being held by ICE. Has anybody out there had any measure of success in obtaining documentation of defendants on bond being held in ICE custody? I know the code of Virginia is vague on this subject and I have had my attorney going back and forth with the State on whos responsibility it is to obtain documentation since I have yet to see a Bondsman have any success in dealing with ICE. Any assistance would be appreciated.
Author:  SpanielPI [ Mon 07 Jul 2008 19:43 ]
Post subject:  Re: Forfeiture Defense-Defendant in ICE Custody
It's a simple process which I have done, successfully, several times.

In my area, all I do is simply get a copy of the inmate transfer of custody slip from the Co. jail to the ICE agent...you have contacts with the jail right ? Shouldn't be a hard thing to do; Failing that, Simply go to the local ICE office, dressed professionally, with copies of all of your paperwork...bond App, warrant, court ordered forfieture, etc. Present it to the Agent and simply ask for a copy of the "custody order" documenting the def is in federal custody, in an unspecified location, awaiting an extradition/deportation hearing.

The other thing you can do is check your federal dockets.....hello ? The immigrant has to go before a federal judge for a deportation hearing...find out that court date and show up, again, suit and tie, and ask to be heard by the judge. If there is a court reporter there, you can order a copy of the court transcript and use that as your evidence that the def. is in federal custody.

So there are 3 ways of getting the documentation needed for filing court motions for bond exoneration.
Author:  mark cavendish [ Mon 07 Jul 2008 20:28 ]
Post subject:  Re: Forfeiture Defense-Defendant in ICE Custody
Thats about it. Done many times in great no.'s here in Arizona. Sometimes I have got away with just calling ICE and haveing them fax me subjects pick up information.
Author:  custombonds [ Mon 07 Jul 2008 21:11 ]
Post subject:  Re: Forfeiture Defense-Defendant in ICE Custody
WOW........your expertise humbles me!!!!!!

........but you don't have to be an a$$ about it.


I have attempted the suggestions you mentioned in one form or another, however in this area the jails, the courts and the ICE officers are tight-lipped. I have had ICE officers flat out lie to me about an inmate being in custody. I have located the inmate, gotten his A# and requested proper documentation and it has been refused, stating it is confidential information. This same instance was attempted 3 times until the inmate was moved to an unnamed facility. Additionally, my lawyer made 3 attempts and has had no luck. The answers/instructions I receive depend on who answers the phone at the jail. The commonwealth attorney continues to pass the buck on whose responsibility it is to obtain documentation.

Honestly, I could write a dissertation on the steps I've taken to obtain proper documentation. While my first degree was in English and I truly enjoy writing, my time is spent more wisely picking boogers than answering a reply from someone who clearly believes they are so far above the rest of us. I would suggest, you spend more time learning to communicate professionally than telling colleagues what constitutes professional dress.

With that said, I appreciate any tips, advice or words of wisdom about how to finesse ICE into giving me what I need. I am specifically looking for a VA code number regarding this issue that might compel the commonwealth attorney to accept responsibility for making the request. I think it may get reeeeaaaal interesting in VA since they passed the presumption against bail for illegal immigrants and we’d like to be prepared for what I’m sure will be a bumpy ride.
Author:  KARMA [ Mon 07 Jul 2008 21:19 ]
Post subject:  Re: Forfeiture Defense-Defendant in ICE Custody
Aaron, try getting in touch with Bill Marx here on this Forum he is Virginia and I know that Scott M works that area as well and have been in the Bail biz for some time. Good Luck Sir!
Author:  SpanielPI [ Tue 08 Jul 2008 03:43 ]
Post subject:  Re: Forfeiture Defense-Defendant in ICE Custody
No one is/was being an a$$. You asked for help in a general form and it was given.

I don't know or pretend to understand the atmosphere in which you are embroiled. I have never had that level of difficulty obtaining a simple custody document. Everyone has a boss....if the ground level ICE agent wont give you what you need, then go to his/her boss, and keep going til eventually you get to someone that possesses some level of common sense.

Since everything you have tried has failed, then I again refer you to his federal court hearing for deportation. If it has already occurred, then there is a public paper trail that you can use to exonerate your bond. If the def has not had thier deportation hearing yet, then again, physically go to it and witness it, so you can testify to it later.

Lastly, you can always file a motion to produce in the case, which will compel the ICE agents to produce the def. at your ct date. Seems to me your attorney either isn't very good or you aren't paying them enough to get creative. Remember, it isn't in thier best interest to close a case out...the longer they drag it out, the more they can bill you for.
Author:  Eagle [ Tue 08 Jul 2008 07:40 ]
Post subject:  Re: Forfeiture Defense-Defendant in ICE Custody
Aaron, I'm working with an ICE agent here in my AO. I had a few bonds that shouldn't have been signed on illegals by former agents of mine. I'll talk to him later this week or first of next week again and see if he knows someone in your AO that might cut through some of your headaches.

Without all the hoopla, it's really up to the judge whether or not he will even accept anything from ICE. We have some judges that will use the information from the local jail where ICE picked up the illegal, and several judges that will tell you it's your fault for signing a bond on someone you knew to be illegal.
Author:  KARMA [ Tue 08 Jul 2008 08:03 ]
Post subject:  Re: Forfeiture Defense-Defendant in ICE Custody
Eagle wrote:
several judges that will tell you it's your fault for signing a bond on someone you knew to be illegal.


That is the very stance that has now been taken in Arkansas.
Too many 'agents' thought . . . 'damn! this is EASY MONEY ~ just write the bond and it will be exonerated due to the fact that the individual is in the custody of an entity that supercedes the State' . . . well surprise . . . the Courts just aint buying that crap anymore.
And I say YEY! 'Bout freakin' time!
Author:  Kathy [ Tue 08 Jul 2008 08:38 ]
Post subject:  Re: Forfeiture Defense-Defendant in ICE Custody
In CO it is up to the jail to notify the bondsman if a person is not legal, but they often fail to do so. It is also not legal for a bondsman to post a bond for an illegal, so I do my own research. An ICE hold or deportation, or the SIQ fleeing to their native country even if they are here legally is NO defense for bond exoneration as ruled by the State Supreme Court. For this reason, I won't even write a bond for a National of another country unless I have a very solid local indemnitor and collateral.
Author:  Mdbtyhtr [ Tue 08 Jul 2008 09:03 ]
Post subject:  Re: Forfeiture Defense-Defendant in ICE Custody
Do you have access to Pacer? It is the Federal Docket on line with proper access, this may assist you.
It is unfortunate that some areas are more difficult to navigate than others, even though it is the same governmental agency. I have always found it wise to make these important contacts before you need them.

To the facts, was the defendant picked up on an ICE raid or was he/she in custody on a ICE detainer?

Communicating with the local level showing chain of custody might be a simpler path. In my local jail, they have local as well as Federal Detainees under contract. If one were to inquire as to the status of a Federal Inmate, they will not acknowledge that they have them in custody. Enter Vine Link, BOP and ICE contacts. Try a different office with the ICE "A" number and only ask for a letter of incarceration, they may fax it to you. Another option is to deal with an Immigration Attorney that has established contacts as opposed to a Bail Attorney, this may be beneficial to both of you because your bail clients may happen to find his number in their pocket and you on the receiving end of the information you request. Please disregard if this is at all illegal in your area of operation :)

Scott
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