Mr. C of Guatemala entered the U.S. without inspection, was arrested and the U.S. Marshals detained him as a material witness. Mr. C’s aunt in Los Angeles, California, consulted by telephone with attorney Debra Rodriguez, who is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.
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First, we advised the attorney appointed by the federal court to represent Mr. C. Then, once ICE took custody of Mr. C and moved him to the Joe Corley Detention Facility in Conroe, Texas, we helped him request a credible fear interview. If returned to Guatemala, Mr. C feared the smuggler (coyote) would threaten him or his family.
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After about 6-7 weeks of waiting, Mr. C passed the credible fear interview. We then asked the deportation officer to release Mr. C under an Order of Release on Recognizance or, if necessary, under a low bond. The officer granted our request, without requiring any bond money! Mr. C was released and traveled by bus to a relative in Idaho, to await a date to appear in the Immigration Court. Mr. C knows that he must formally apply for asylum (Form I-589) within one year of entering the U.S.