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| Immigration Case http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=11894 |
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| Author: | Mdbtyhtr [ Thu 14 Apr 2011 13:21 ] |
| Post subject: | Immigration Case |
I posted this here to cast the biggest net... I have been presented an immigration case, standard fare, no big deal...with a twist, it appears that it is a premature surrender, due to Indemnitor wanting off of the bond. Here is my question: Has anyone done a Premature Surrender on a Federal Case before, because I have not. That is one of the reasons that I took the case, the learning experience and another opportunity to Learn and Earn! Before you all attack me, I have yet to do any research on this topic, here or anywhere else. I intend to research it this weekend when things slow down a bit. If there is a short cut to not having to pay for the same real estate twice, I am all for it. If you know the answer, speak up! Scott |
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| Author: | BigDave [ Thu 14 Apr 2011 13:35 ] |
| Post subject: | Re: Immigration Case |
I did one for our buddy in MI. At first I heard that revokes were not possible for immigration bonds. The bondsman apparently knew some hire up who told him he can surrender the defendant (confirmation via email from the immigration bond department). I got the I-340 form so it looked good. When I surrendered the defendant it just so happened that the agent in charge of the defendants case was there. He knew nothing of the surrender and was taken back. After sitting there for a while the agent said OK, took the defendant, and I left. I walking to my car and I see the defendant coming out about 10 min. later. I spoke to the defendant and apparently the agent just gave him another date to return for his interview (the case was still on going for him). No bond, I assume they ROR him because the bond was canceled and he did not post another bond. As you know each facility has their own ways of doing things. NY issues are strict as hell, also it's you doing it so it'll probably be easier for you. I would make sure I have the I-340 and speak with the agent assigned to the defendants case or the bond rep from immigration prior. Hoped I helped.....Let me know. |
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| Author: | Mdbtyhtr [ Thu 14 Apr 2011 14:01 ] |
| Post subject: | Re: Immigration Case |
Thanks Dave. I know Ray Smith, the local Director in Baltimore for ICE. I have a call in to him now, waiting on the response. This is a case for the same guy, same companies, will keep you posted. Scott |
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| Author: | NYPD BLUE [ Thu 14 Apr 2011 14:02 ] |
| Post subject: | Re: Immigration Case |
We do immigration bonds here in Miami.. obviously .. firstly .. if the Indemintor wants off of the bond you would need to do one of two things.. 1) See if the defendant can get you a NEW indemnitor.. which means write a brand new bond and new collateral.. or 2) You will need to surrender the defendant back to immigration..and wash your hands of the bond and return the collateral .. |
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| Author: | RCrew [ Thu 14 Apr 2011 16:42 ] |
| Post subject: | Re: Immigration Case |
I quit working on immigration surrenders quite a while ago for various reasons. And have never done a premature surrender. One of the issues I had to deal with here in CA was that ICE would only accept surrenders during normal business hours (M-F, 9 to 5). If you do a rearrest when ICE offices are clossed, you are responsible for personally detaining and providing for the individual until the offices re-open. And that opens you up to all kinds of other liabilities. |
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| Author: | ChuckJ [ Thu 14 Apr 2011 19:03 ] |
| Post subject: | Re: Immigration Case |
Premature Surrender on Immigration Bonds ? When I was doing immigration bonds, missing a court date and hiding out for years wasn't even enough to get them to accept a skip. Their case had to have run it's course, all appeal possibilities exhausted and ripe for deportation before ICE would accept them. Even then, if they didn't have the bed space it was a problem. If they skipped out years ago, lost their case and now lodged an appeal that's still pending then ICE would not take custody. I ran into this all the time when I was working for Surety Administrators helping to clean up the Capital Bonding mess. I think different ICE Regions handled things a bit differently. Western NY, Western PA & Eastern OH is where I operated. |
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| Author: | tsuggs [ Thu 14 Apr 2011 19:23 ] |
| Post subject: | Re: Immigration Case |
I've the same as far as each office operates differently under their own "rules." Your best best is to have a good relatioship with a local office and bring donuts! |
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| Author: | BigDave [ Thu 14 Apr 2011 20:31 ] |
| Post subject: | Re: Immigration Case |
That's the ticket Tony. You need to develop that relationship, which I'm trying to do now. That whole premature thing is what got me worried because the ICE officials can do whatever they want it seems. Randall is right you have to do it during their hours. I had to stay over night with the last one. Some say you can't even bring them to the facility in cuffs. When I did my first one it was no problem, except for the issue as I described before, they ended up releasing him. Then I went and surrendered an actual "Immigration Fugitive" the next time and DHS tried to arrest me. DHS controls access to the building where the ICE office is located. This goes back to the other stuff I talked about in the private area regarding the unlicensed. I was told that DHS officials prior to that day had arrested about 4-5 unlicensed individuals trying to surrender immigration defendants. They thought I was like them until my credentials were verified. Then I got some VIP treatment.....or so it seemed....who knows what was going on behind my back. I have never dealt with DHS officials (I mean Officials not regular DHS officers. This guy was Director of something. Can't remember exact title. I'll have to look for his card....and keep in touch and build a relationship.) He seemed Cool but had that look....you know what I'm talking about....that look that makes you feel or question am I ok or is something going to happen next that only he knows about. Back to "Immigration Warrants." ICE has a system where if the defendant doesn't show for an interview or gets a deportation order he is not considered an official warrant yet. Some other procedures must be taken (unknown to me) before ICE actually considers the defendant in official warrant status. The last guy was considered an official warrant (they considered him very bad, gang ties and everything) so maybe that's why I was treated ok because the ICE officer I dealt with was with the fugitive division or something (again can't remember the exact name). |
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| Author: | ChuckJ [ Thu 14 Apr 2011 21:13 ] |
| Post subject: | Re: Immigration Case |
The ICE system of verifying immigration warrants is very unique, I learned more about it when I worked as a Corrections Officer, then as a State Constable. Immigration Warrants Can't be verified via NCIC the same as criminal warrants. A law enforcement or corrections agency with an ORI# has to contact a centralized ICE office located in Vermont, and the verification, or lack thereof is sent via teletype through the NCIC terminal associated with the requesting agencies ORI#. Immigration bonds are the butthole of the bail industry (in my opinion). I always told my Bondsmen friends to avoid them unless they had enough collateral to secure the Bond plus any recovery expenses. People born in foreign countries, that don't have SS#'s and assume the identity of others as a matter of habit are not easy to locate, particularly when there's no photo of them, as was the case with most of the Capital Bonding files. And, last I knew ICE would not give up any photos. |
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| Author: | Mdbtyhtr [ Thu 14 Apr 2011 22:20 ] |
| Post subject: | Re: Immigration Case |
We have a toll free number that we call to verify warrant status by "A" number. Their terminology is also different, warrant is "Order of Removal", try explaining that to a beat cop who is giving you the thousand yard stare! We have the same time limit in Baltimore, MD and Fairfax, VA, 8:30 to $:30 M to F only, and your 4:30 better not be after 2:00 pm! They also want you to call them to give them 2 weeks notice of apprehension...They need to locate and make sure they have the defendant's hard file before they will receive the defendant. Then there is the fantastic way they treat you, showering you with gratitude and respect, insert sarcasm here! Randall I stopped doing them years ago when they would pressure you to collect outstanding debts, or attempt to not pay you because their "Collection Team" was already working it before you made your apprehension or any other BS excuses to delay or not pay. I always got paid, thank God! Scott |
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