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Does someone in immigration custody have a right to be released on bond?
Only some immigrants held in custody during removal proceedings have the right to be released on bond. Under federal immigration law, many immigrants can be held in "mandatory detention" while their case is going on. Immigrants who are subject to mandatory detention must remain in custody while they fight their cases. Our office provides undocumnted immigrants phone calls and in-person meetings with immigration judges to make sure you stay safe and obtain the results you deserve.
The issue of who is eligible for bond hearings is very complicated. That is why our experienced team at The Law Offices of James A. Welcome is able to get the results you deserve. Some types of criminal convictions make an immigrant not eligible for bond. A detained immigrant should talk to an experienced immigration lawyer at our office to find out whether they are eligible for bond.
Who decides if a detained immigrant gets bond?
An ICE agent will make the first decision about to offer bond to a detained immigrant. When immigrants are taken into custody, ICE will give them a notice called an I-286 notice. This notice says if the undocmented immigrant is eligible for bond. If ICE decides that they are eligible, it will decide the amount of bond. If the ICE agent does not set a bond or set a high bond, the detained immigrant can ask for a bond hearing and consider setting a bond or lowering the amount that ICE gave.
How does an immigrant request a bond hearing in front of an immigration judge?
There are three ways an immigrant can request a bond hearing in front of an Immigration Judge:
By checking the box on Form I-286, Notice of Custody Determination, saying that they would like an immigration judge to review ICE’s custody determination;
By orally having our team speak to an immigration judge for a bond hearing at their first immigration court date; or
By filing a written motion for a bond hearing.
What kind of evidence should an immigrant present in their bond hearing?
An immigrant should submit evidence in the bond hearing that shows he or she is not:
a flight risk,
a danger to the community, or a
risk to the security of the United States.
The immigration judge will also give weight to whether the undocumented immigrant has any way to try to remain lawfully in the United States. Immigration judges can consider virtually any kind of evidence in a bond hearing. An undocmunted immigrant can also present their or another persons’ testimony in support of their bond motion.
What type of documents can an immigrant submit that might lead the immigration judge to set a low bond?
An immigrant can submit any of the following documents that apply to their case:
Evidence of rehabilitation from a criminal offense. This could be a letter from a counselor or a parole officer
For individuals with alcohol-related offenses, mainly driving under the influence, proof of alcohol treatment, including classes, AA meetings, and in-patient and out-patient programs
Any certificates for classes or degrees completed while in jail
A letter from an employer showing that the immigrant has a job waiting for her
Evidence of ownership of other property, such as a car
A marriage certificate
Birth certificates of children
Proof of child support
Educational degrees or certificates
Letters from community and religious leaders, neighbors, friends or family members, with copies of the writers’ valid government IDs or notarization when possible
Copies of income tax returns, showing that the immigrant has paid taxes using a valid ITIN or social security number
Note: Any foreign language documents submitted in support of a bond motion must be translated into English. They must be accompanied by a signed and dated certificate of translation, stating that the translator is competent in both the foreign language and English and has wholly and accurately translated the document. Our office can help arrange such and will personally take any documents when necessary.
Can an undocumted immigrant appeal an immigration judge's bond decision?
Yes. An immigrant can appeal by filing a EOIR-26 form.
Can an undocumented immigrant get the money back?
At the end of the case, the immigrant will get this money back. However, they must do all of the following:
Go to every court appearance and any other appointment set by ICE
Do not have any new criminal convictions
If ordered to depart the United States, comply with this order
Paying this bond guarantees that the immigrant will show up for all of their hearings. Hence, they do not need to keep the undocumnted immigrants in the detention center. The minimum bond amount is $1,500. The bond amount must be paid in full at one time
Does the undocumented immigrants have to pay the entire bond, or just part of it?
The undocumented immigrants will have to pay the entire amount of the bond set by the immigration judge. If the immigrant cannot afford to pay the entire bond, some bonding companies require the undocumnted immigrant to pay part of the bond and they will pay the remainder.
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Our clients are the foundation of our Firm. We put you first. We use our decades of direct experience in Immigration Law to work on each case in a collaborative, team approach. We ensure that our case preparation, process and even our communications with our clients are focused on ensuring that you know and understand what we are doing for you, why we are doing it, and when it will be done.
WHAT Our Most Valued Clients SAY
Great lawyer. Works with clients individually to make sure each client feels their case is his priority, that the approach taken in each case is the best approach for the client too.
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He is compassionate about his work while helping others with their immigration matters and he was motivated to ensure everyone’s rights are protected.