How to determine if your client is an arriving alien — or not!
First test: Was she stopped at the border?
No: Was she stopped with ~25 miles of the border within 10 days of when she arrived?
No: Arguably not arriving alien.
Second test: Is she a US citizen?
Yes: Interesting. If they are moving to revoke citizenship (i.e. not by birth), then you have a pickle. Arguably, not an arriving alien, as only a judge could revoke citizenship and a citizen cannot be an arriving alien. So most likely – not an arriving alien.
Third test: Was she granted conditional parole?
Yes: This is very narrow exception. Humanitarian or CBP approved “signed at the border” parole only. In this instance, she would not have been given a return date, and she would not have been placed in removal proceedings. A deferred inspection is not a parole for this purpose.
Fourth test: LPR?
Yes: Is there a petty exception that the CBP officer will accept? If so, get this kicked at the deferred inspection. If not, she is an arriving alien.
No: Arriving alien
If she is an arriving alien, hope her case get’s randomly transferred to York, PA. In York, the judges oftem grant bond even for arriving aliens (must have a legal place to go in the US, and someone willing to vouch for the alien). Otherwise, you are looking at no-bond initially.
How do I get bond for an arriving alien?
- If there has been a credible fear determination (either through Court or through CBP), then you can ask ICE to grant a bond. ICE always has the right to grant bond. Talk to the DO (Deportation Officer – fella who is responsible for your client’s case on the ICE side) and request a bond. This usually only works on successful credible fear. If you have a pending asylum application and work permit, you should be able to get this unless your DO is being particularly ornery.