If you find yourself detained by U.S. immigration, the situation can be extremely distressing. Being held by ICE (Immigration and Customs Enforcement) adds to the complexity and stress. However, you can secure your release through a legal process known as a bond hearing.
This article covers everything you need to know about bond hearings in immigration court. You’ll discover how these hearings work, who might qualify for release on bond, and what factors influence the decision. By the end, you’ll gain valuable insights into this crucial part of the immigration process and learn what to expect and how to manage it.
What Is a Bond Hearing?
It stands as a crucial phase towards attaining freedom in immigration court detention. It focuses on the decision-making as to whether you should be released on bond, which is a sum of money paid in return for which you are allowed to leave a detention center for the duration of your immigration proceedings.
A bond primarily ensures that you attend all court hearings and follow court orders. If you need to deduct from an employee’s paycheck, meeting these conditions will make the bond refundable to the payer. However, if the individual fails to appear in court, the bond may be canceled, allowing the U.S. government to collect the money.
Requesting an Immigration Bond Hearing
Either ICE or an Immigration Judge (IJ) can initiate the bond setting by completing the required bond form. ICE typically makes this decision when you are first detained. If you disagree with ICE’s decision or if ICE hasn’t set your bond or detainment, you can request a bond hearing from an Immigration Judge.
To request a bond redetermination at the IJ, follow these steps: Submit Form I-286, “Notice of Custody Determination,” authorized by ICE. Alternatively, you can make a verbal motion during the initial status conference or file a written motion for a new bond determination.
Eligibility for Release on Bond
Bail can be paid on behalf of a detainee held in custody, but not all detainees are eligible for bond. Several factors influence eligibility determinations. You might not qualify for a bond order if:
- For example, you are classified as an ‘arriving alien,’ – be it an ‘autoplane return’ as a non-citizen who returns to the U. S. after a visit to another country.
- You have not been admitted to the U.S. for a legal purpose that signifies that you entered outside the border or port of entry without papers.
- You have conducted yourself in a manner that demonstrates a hostile intention to the United States of America that includes spying, acts of vandalism or causing large-scale damage, or, engaging in terrorist acts.
- The criteria are that you have certain criminal offenses in the U. S, including drug offenses, violent crimes, theft, fraud, or similar offenses, and that you were released from police custody after 10th October 1998.
- Certain categories result in mandatory detention, meaning that even an Immigration Judge cannot grant a bond for release.
The Immigration Bond Hearing Process
The bond hearing often happens on the same day as the Master Calendar Hearing, shortly before your initial appearance. However, when you require more time to prepare, you can make a motion to continue in essence, setting the hearing for another two to three weeks.
During a hearing, your attendance shall be mandatory; you will need to attend the trial physically in a certain court if none is inside your detention facility, or via a video hook if available. But security measures will be provided; you can also consult your attorney before the hearing starts.
The immigration judge has legal discretion over your immigration status and the immigration judge will decide if you qualify for a bond. It’s crucial to understand that the Judge has the discretion to grant or deny a bond. Even if there are no legal barriers, the Judge can refuse the bond based on your character or unusual behavior
Factors Considered in Bond Determination
In a bond hearing, the Judge will consider the factors that can influence your bond and the correct amount to be paid. To be successful in obtaining a bond, you must demonstrate that you are:
Not a Flight Risk
This relationship depends on factors like family ties in the U.S., home ownership or residency, employment status, and whether the applicant, who may be legally removable, is seeking relief through options like asylum or a marriage-based green card.
This could be an important factor since close relatives who are U. S citizens or hold lawful permanent residents may corroborate your side of the story. Pretosomes and other documents that can strengthen your connection include birth certificates, marriage certificates, employer letters, and testimonials from friends and family members.
Not a Danger to the U.S.
Past criminal records or arrests, such as Driving Under the Influence (DUI), will be reviewed during the hearing. Having a prior criminal record can sometimes work in your favor if you can demonstrate reform, especially with supportive letters of reference.
Even if you have an arrest record but no conviction, be prepared to explain the circumstances of your detention. However, remember that you cannot appeal previous criminal cases or charges in immigration court. Avoid bringing up your criminal past; instead, focus on proving to the court that you have reformed and changed.
Eligible for Immigration Relief
While not an explicit factor, being eligible for immigration relief can influence the Judge’s decision. If you are immediately eligible for relief, make sure to inform the Judge, as it may improve your chances of receiving a bond.
Bond Amount
The minimum bond amount set by an Immigration Judge is $1,500, but under certain circumstances, much higher amounts are common. Bond amounts can vary significantly, with some exceeding $10,000 or even more. The Judge considers factors like flight risk and danger to the U.S. when determining the bond amount.
The Department of Homeland Security (DHS) or your attorney may suggest alternative bond amounts, but the final decision rests with the Judge. It’s essential to provide compelling reasons for your proposed bond amount.
The Immigration Judge’s Bond Order
If the judge grants your bond, you’ll get a written order detailing the amount. After the bond hearing, the system will reschedule your Master Calendar Hearing, usually within 30 days. This gives you the opportunity to pay the bond and be released from custody before your next court appearance.
Failure to pay the bond or attend subsequent court hearings may result in removal from the U.S. and forfeiture of the bond. However, if you complete your immigration proceedings successfully, the person who paid the bond can reclaim the bond money.
In conclusion, a bond hearing in immigration court is a critical process for securing your release from detention. Understanding the factors considered, eligibility criteria, and the intricacies of the process is vital. If you find yourself facing a bond hearing, consult with an experienced immigration attorney who can guide you through this complex procedure and increase your chances of a favorable outcome.
Remember, each case is unique, and the information provided here serves as a general guide. Seek legal advice tailored to your specific circumstances to navigate the immigration bond hearing successfully.
