Law offices of Nicklaus Misiti, PLLC.

Fishkill Immigration FAQs


Q: Is there an immigration court in Fishkill, NY?
A: The answer to this question is yes. It is called Downstate Correctional Facility and is located at 121 Red Schoolhouse Rd Fishkill, NY 12524
Q: What types of immigration cases are handled at Downstate Correctional Facility?
A: This immigration court handles the detained docket for immigrant detainees held at Downstate Correctional.
Q: Who is the immigration judge at Downstate Correctional Facility?
A: The immigration judge is Roger Sagerman.
Q: What should I do if I have an acquaintance, friend or loved one detained at Downstate Correctional Facility?
A: The best thing that can be done for an immigrant detainee at Downstate Correctional facility is to get them out of there ASAP. To do this you should speak with and plan on immediately retaining an attorney.
Q: Do I really need an attorney? Can’t my loved one just tell the judge what is going on and the judge will listen?
A: Realistically you loved one is in a very serious situation. First they are detained and immigration is likely attempting to deport them. There will be a highly trained government attorney arguing against them and it is unlikely your loved one stands much chance without counsel. Of course there is no requirement your loved one have an attorney but based on the serious ramifications they stand little chance without one.
Q: What can an attorney do for them?
A: An attorney can determine what relief might be available from the immigration judge to allow them to remain in the country. Likewise a good attorney will reach out to detention and removal and try to convince them to release them or issue a bond.
Q: What can be done if detention and removal will not agree to release my loved one?
A: An immigration attorney can file a bond request and get a bond hearing before the immigration judge. The attorney can than plead the case for why the detainee warrants a bond.
Q: What are some of the things the immigration judge will look at when determining whether a detainee warrants a bond?
A: The judge will mainly look at whether the detainee is flight risk or risk to the community.
Q: What determines if a detainee is considered a flight risk or risk to the community?
A: The judge will look at many factors, including the detainees criminal and immigration history, whether the individual has strong employment and family ties and other similar factors relevant to such an inquiry.
Q: My loved one is in jail and isn’t going anywhere so I must have plenty of time to look for an attorney and figure out what we need to do?
A: Not really detention and removal can and often will transfer a detainee to another facility without warning. These facilities are often far from home, such as in Georgia, Texas or Louisiana. When the detainee is there, they will file and serve the notice to appear in that jurisdiction. This means the court where they are transferred now will hear their case. It doesn’t matter if all their witnesses and family is still in New York, the immigration judge won’t care. So if they are transferred to Georgia, the Georgia immigration Court will hear their case. Any witnesses and/or attorneys will now need to appear in Georgia.
Q: How can I prevent my loved one from being transferred to another facility?
A: There is no full proof way but the sooner an attorney gets involved the less likely it is the case will be moved so far away. Also, the attorney can immediately file a motion for bond hearing and hopefully get their case before the local immigration judge or better yet get them released on a bond.
Q: If my loved one is released on a bond, what happens next, does the case against them continue?
A: A bond does not end the removal proceedings against your relative but it will significantly increase the chances it can be successfully resolved. It is much easier to fight an immigration case when you are free rather than jailed. Moreover, when a detainee is released their case will go on the non-detained docket and will proceed more slowly, allowing them much more time to get their ducks in a row to properly fight their case
Q: Where can I find an immigration attorney that handles detained and bond matters in Fishkill, NY?
A: Law offices of Nicklaus Misiti, PLLC. handles such cases in the Fishkill Correctional Center. We have offices in Poughkeepsie, NY and Manhattan. We have successfully resolved immigration court proceedings for many of our clients, while at the same time fighting to obtain a reasonable bond. We can be reached at (212) 537-4407 or (845) 926-1177.

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