People who entered the United States illegally, overstayed their non-immigrant visa, or have been convicted of criminal offenses may be placed in detention by the Immigrations Customs Enforcement (ICE). ICE is an immigration and customs enforcement agency under the Department of Homeland Security. If a family member or a cherished friend has been held in detention by ICE, they have the right to contact an immigration lawyer immediately. Richards and Jurusik can intervene to seek your freedom or that of a loved one.
Call our office today at (866) 697-1832 to schedule a consultation.
What is an immigration bond?
An immigration bond is a sum paid to the Department of Homeland Security to release an individual from immigration detention. People who are caught entering the country unlawfully or who violate their legal status in the U.S. are generally placed in immigration detention before or during their removal proceedings.
Do I Need to A Lawyer for a Bond Hearing?
There are several grounds for a noncitizen to be detained in immigration custody. If not handled right away, each situation can put a detainee’s personal relationships, employment, and future entirely at risk. Contact a competent immigration bond lawyer if you or a loved one are facing any of these deportation issues:
- Taken into custody or placed in immigration detention
- Receiving a Notice to Appear in Immigration Court to initiate removal proceedings
- Illegally targeted or threatened with deportation
- Overstaying a non-immigrant visa
- Charged with working without a permit
- Accused of crimes with the possibility of deportation
Who Qualifies for an Immigration Bond?
The government evaluates whether a person detained for violating an immigration law is eligible for an immigration bond. Persons convicted of serious crimes are subject to mandatory detention and are not eligible for a bond.
A detainee may be qualified for release on bond depending on their current immigration status and criminal record. They must establish that they do not pose a threat to society and are not likely to escape out of the country.
Apart from persons convicted of serious crimes, individuals who have just entered the United States and have no legal grounds for being here can also be subject to mandatory detention. These people may not be eligible for an immigration bond unless they can demonstrate that they have a credible fear of going back to their country of origin. If they can prove this to the U.S. Citizenship and Immigration Services (USCIS), they may possibly be qualified for asylum and be eligible for a bond.
What Happens at an Immigration Bond Hearing?
An immigration judge must first decide whether an immigrant is eligible to request an immigration bond hearing. In most cases, immigrants are eligible for such a hearing provided they do not belong in one of the following categories:
- A person who has not yet been “admitted” into the United States (arriving alien)
- Aliens who have an aggravated felony conviction in the past
- Persons convicted of multiple crimes of moral turpitude
- Persons with controlled substance violations
These terms have their own specific legal meanings under federal immigration regulations. If a detainee is qualified to request a bond hearing, then the immigration bond lawyer can file a Motion for a Speedy Bond Hearing which will be scheduled right away before an immigration judge.
What Happens at an Immigration Bond Hearing?
During a hearing, the lawyer will present evidence to the judge that proves the detainee’s eligibility for immigration bond. These include property ownership, evidence of a stable employment, proof of good moral character, family and community ties, and the detainee’s ability to pay the bond. If granted, the bond’s amount may range from between $1,500 to $20,000, and even higher in some cases depending on the judge and submitted documents.
Do I Need A Lawyer for A Bond Hearing?
It is easier for an immigration bond attorney to get in touch with Immigration and Customs Enforcement (ICE) and negotiate for a bond at the beginning of a case. This is crucial for detainees who may be eligible for a bond directly from ICE.
The detainee will then be able to avoid the long detention time as they wait for a bond hearing in front of the judge. It is also worth it to hire an immigration bond lawyer because they can present to the judge more compelling reasons why they should allow the detainee’s release.
Where Do I Get My Bond Money Back?
The detainee will be freed from detention after the bond is paid. After its posting, the bond acts as security. Released noncitizens must comply with their obligations by being present at all future court hearings. If these obligations are not fulfilled for some reason, the bond will be forfeited and turned over to the court. The bond money will not be refunded.
Contact an experienced immigration bond attorney
If you, a family member, or a friend has been detained in immigration custody, contact an experienced and skilled removal defense team at Richards and Jurusik. Our team of professional lawyers is dedicated to helping immigrants avoid deportation and is well-versed in immigration bond hearings.
Call 1-866-697-1832 today for your consultation.