Deportation / Bond

In January 2011 Mr.John A.Nicelli Esq. represented three (3) Mexican Nationals who live in New Jersey and had driven cross country to Washington State in order to obtain a driver's license. On the return trip back the vehicle was stopped in Grand Forks North Dakota for a traffic infraction. The driver of the vehicle who was also a Mexican National was illegally in the U.S. and was paid by the three passengers to transport them across the U.S. After the driver presented an invalid driver's license the North Dakota State Police notified the U.S. Border Patrol of the four individuals. The authorities then learned that all four individuals had no legal status in the U.S. After meeting with the Border Patrol all four individuals were arrested and detained. The driver was criminally charged for transporting illegal aliens across the U.S. for payment. The three passengers were held as material witnesses in the criminal investigation of the driver. After three weeks in custody of the U.S. Marshalls Service, the driver of the vehicle pled guilty and was sentenced to four months in Federal Prison for his crime of transporting illegal aliens for payment. The three passengers were then sent back to the custody of the U.S. Border Patrol Agency who refused to set a bond for the three passengers to pay in order to be released, Instead, they were transferred to the custody of the Immigration Customs Enforcement Agency (ICE). Mr. Nicelli was retained and filed a request to have an immigration bond hearing before an immigration Judge. Since there is no U.S. Immigration Court in North Dakota the hearings were scheduled at the Immigration Court in Bloomington Minnesota where Mr.Nicelli presented legal arguments in support of his clients. Of the three immigrants, two were released on bonds of $2,500.00 (U.S.Dollars) each. The third passenger was released with a slightly higher bond. Since Mr.Nicelli was able to convince the Judge that the aliens were entitled to and deserved a lower bond the family members were able to post the bonds and all were subsequently released. Shortly before the hearings were scheduled in Immigration Court one of the clients who was in her last semester of high school was notified through her mother that she was being expelled from school due to the amount of classroom time she lost while detained. Mr. Nicelli contacted the school and explained that the students' absence was not voluntary. They then advised to contact them once she was released from custody. When the high school student reported to the school, the school informed her that she had been expelled. As a result Mr. Nicelli then contacted the school a second time and after providing a written statement as to the event that took place the student was reinstated and was able to complete her studies and finish her final semester. She was able to graduate at a later time. All three individuals are now applying for permanent residence.