What Issues Will Be Addressed in an Immigration Bond Hearing?

 Posted on April 18, 2023 in Immigration

Resettling in another country can be difficult for anyone, and immigrants to the United States may face a number of challenges and legal complications. In some cases, immigrants may be detained by immigration officials during deportation proceedings. Being held in detention can cause significant difficulties for immigrants and their family members. Fortunately, immigrants may be able to be released from detention during their deportation case by paying an immigration bond. When an immigration bond is requested, a bond hearing will be held. It is important for immigrants to understand what to expect during these hearings and what issues may arise.

Understanding Immigration Bonds

Immigration bonds function similarly to bail bonds in criminal cases. The bond is a sum of money paid by the individual or a third party, and it will allow an immigrant to be temporarily released from detention while they await a final decision in their case. This amount is meant to ensure that the person will appear at all future hearings and meet any other requirements put in place by an immigration judge. The bond will be returned at the conclusion of the case, as long as the immigrant has complied with all conditions set by the immigration judge.

Considerations in Immigration Bond Hearings

During an immigration detention bond hearing, a judge will determine whether a person may be released while awaiting a decision on their immigration case. The initial issue that an immigration bond hearing addresses is whether the immigrant is eligible for a bond. The judge will consider the detainee's criminal record, employment history, length of stay in the U.S., relationships with family members in the United States, and ties to their community, among other factors.

When determining eligibility, a judge will look at whether there are any public safety concerns or whether a person is a flight risk. If the detainee has a criminal history, particularly one that involves offenses such as drug trafficking or violent crimes, the judge may deny bond. The judge will also consider the detainee's ties to the community, whether they have a history of compliance with immigration laws or court orders, and the likelihood that they will appear for future court hearings. If the judge believes that the detainee is a flight risk, the request for a bond may be denied.

If the person is eligible for a bond, the immigration judge will proceed to determine the bond amount. Several factors will be considered when deciding the amount that will need to be paid, including the availability of funds or collateral. The minimum bond is $1,500, and in many cases, bonds will be between $5,000 and $15,000. A judge may determine that higher amounts are appropriate in situations where there are concerns that a person may be a flight risk.

An immigration judge may also set conditions on an immigration bond. These will consist of requirements that the immigrant will need to meet after they have been released and during their deportation case. Some typical conditions include an order for the person to check in regularly with ICE, restrictions on travel or movement, or wearing an ankle monitor. A violation of the bond conditions can result in immediate detention or revocation of the bond.

In some cases, a bond request will be denied, and the individual must remain in detention. If this occurs, the person may appeal the judge's decision, requesting review by the Board of Immigration Appeals (BIA). The appeals process is similar to the initial bond hearing; however, it may require more thorough documentation and an explanation of why the initial bond request was wrongfully denied.

Contact Our Wake County Immigration Bond Hearing Lawyers

Immigrants who have been detained by ICE and are seeking immigration bonds will need to understand their options. In these cases, representation by an experienced immigration lawyer can be crucial. At Vasquez Law Firm, PLLC, our Raleigh immigration bond attorneys can provide legal help for immigrants who have been detained or are involved in deportation proceedings. To learn how we can assist with these issues, contact us at 1-844-YO-PELEO and arrange a complimentary consultation.

Sources:

https://www.justice.gov/eoir/reference-materials/ic/chapter-9/3

https://www.theadvocatesforhumanrights.org/Res/Understanding%20Immigration%20Bonds-English.pdf

https://www.ilcm.org/immigration-resources/information-know-immigration-bond-hearing/