Getting your immigration case dismissed might feel like the end of the stress — but it could be just the beginning.
Across the country, more and more immigrants are being detained by ICE immediately after leaving immigration court — even when their case has been closed or dismissed. It’s a growing trend that’s catching people off guard and raising serious concerns about due process and transparency in our immigration system.
If you or a loved one has an upcoming hearing, it’s critical to understand how this works — and how to protect yourself.
Why Is This Happening?
(Public domain — via Flickr)
In some jurisdictions, ICE is using case dismissals — particularly those initiated by the government — as opportunities to detain immigrants. Here’s what’s going on:
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Dismissal ≠ Safety: Many believe that if a case is dismissed, they’re in the clear. That’s no longer always true. A dismissal doesn’t mean ICE can’t act.
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Prosecutorial Strategy: In some cases, the government chooses to dismiss proceedings to avoid unfavorable rulings — then detains the individual anyway.
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Surprise Arrests: ICE may coordinate with government attorneys to be present outside immigration courtrooms, especially when a dismissal is expected.
What Should You Do If You Have Court Soon?
1. Don’t Go Alone
Having legal representation can make all the difference. In our client’s case, we were able to immediately respond, file motions, and activate their legal options.
2. Know the Risks
Even if your attorney expects a dismissal, don’t assume you’re safe. Talk through all possible outcomes in advance.
3. Be Prepared
Have a legal plan in place, including emergency contacts, a signed G-28, and power of attorney documents if needed.
Don’t Skip Your Court Date — It Can Make Things Worse
We understand the fear — especially after hearing about ICE waiting outside the courtroom. But missing your hearing can lead to an automatic order of removal, which can hurt your chances of staying in the U.S. long term.
If you’re afraid to attend court, talk to a lawyer first.
We can help you understand the risks, prepare a safety plan, and make sure you’re not facing this alone.
How We Can Help
Cardenas Law Firm LLC has firsthand experience dealing with this type of ICE action. If you’re worried about a hearing or a possible dismissal, we’ll help you:
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Understand your full legal status
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Prepare for every possible outcome — including detention
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Fight for your release and protect your rights from day one
