Working to Gain Release from Immigration Detention
U.S. Customs and Border Protection (CBP) and Immigrations and Customs Enforcement (ICE) both have authority to arrest and hold immigrants in a detention facility. Individuals may be held for a short period or their stay could extend to months or years while they wait for a hearing on their case or for deportation action.
Immigration laws provide an opportunity for individuals held in detention to be released on bond so that they can wait for their day in court in more humane surroundings. However, officials have discretion about whether to grant bond or hold someone in custody.
At N400 Harbor Immigration Law, we help detained individuals demonstrate why they should be granted bond and released. We know the most effective processes to gain relief and the most persuasive arguments to demonstrate why bond is appropriate. Prompt action can sometimes even enable an individual to be released on bond before the matter requires a hearing.
Understanding Bond Proceedings
Bond proceedings are handled separately from removal proceedings. When you request a bond hearing, you are asking a judge solely to determine whether you should be released on detention while removal proceedings are ongoing. The judge will not be assessing whether you should be deported but only whether you should be released temporarily to return to your home and family.
In bond proceedings, it is important to demonstrate that:
- You do not pose a danger to the community
- You will not try to run away but will remain in a location where you can be found
- You will return for all future proceedings
- You have a strong case for staying in the U.S.
Having a conviction for certain crimes on your record or evidence showing that you are a security risk can make you ineligible for release on bond. If there is information in your background, such as gang connections, that could be used against you, it is important to find a way to submit persuasive evidence to show that those connections no longer provide grounds for concern.
The Process of Custody Redetermination
To get immigration authorities to release an immigrant from detention, it is sometimes possible to negotiate a bond immediately, but usually what happens is that an individual in custody requests a bond hearing. The government allows detained immigrants to work with an attorney and have legal representation at the hearing. Since immigration attorneys are familiar with the process and understand the reasons judges grant or deny bond, it makes sense to gain the advantage of an attorney’s experience in the process.
During an immigration bond hearing, the Department of Homeland Security (the agency that controls CBP and ICE) will present evidence and arguments to show why you should be held in detention. You will have the opportunity to show why you should be released on bond. The judge will consider factors such as:
- Your ties to the community. (The more connections you can show, the less likely it seems that you will disappear)
- The likelihood that you will appear in court as scheduled for removal proceedings
- Whether you appear to pose a danger to the community
Your attorney can submit a variety of evidence, such as proof of a stable home and employment, testimony from witnesses who know you, financial information, and connections with family members who are citizens or Green Card holders.
How Bonds Work
If a judge approves release from detention on a bond, the judge will set the amount of a bond. The amount is higher for someone considered to be a flight risk. Paying a bond is not the same as paying a fee. The amount will be returned to you when the removal case is over. The bond is provided as a guarantee that you will return to court.
If someone who has been released on bond fails to appear at a hearing or violates a court order, the bond holder will take action to bring the immigrant in to authorities and the bond money will be lost.
N400 Harbor Immigration Law Helps Achieve Success in Custody Determination Through Bond Proceedings
Detention causes incredible hardship for individuals and families. Let the experienced team at N400 Harbor Immigration Law help you gain release on bond so that you can return to your community while we work to secure relief from removal proceedings. We understand how to overcome the difficulties and work tirelessly to achieve the best outcome possible in your case.
Contact us now to get started.