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ImmigrationINFO …Immigration News For Our Community

Dec 08, 2013 News

 

Immigration Bond & Detention Issues
Attorney Gail S. Seeram

Detention has become more prevalent for undocumented individuals in the United States.  If an undocumented individual is detained by Immigration and Custom Enforcement (ICE), then applying for a bond is an option.  Getting a person released from an immigration detention facility is a complicated matter.
At the very least, it is more difficult and time-consuming than getting a person released from a state jail after arrest on criminal charges.  Nevertheless, if your loved one is in ICE detention, do not assume he or she will be deported, and do not lose hope. Of course, because every detainee’s case is different, it is advised that you consult with an experienced immigration attorney.
Who is not qualified for an immigration bond and is thereby subject to mandatory detention? The Immigration and Nationality Act lists specific categories of criminals who are subject to “mandatory detention.”  The categories include: persons not lawfully admitted who have committed an offense covered in Section 212(a) (2) of the Act, which includes crimes involving moral turpitude, controlled substance violations, drug trafficking, prostitution, trafficking in persons, and money laundering.
Also, persons lawfully admitted who have been convicted of multiple crimes involving moral turpitude, an aggravated felony, a drug crime (except for simple possession of small amounts of marijuana), and certain firearms offenses.
Who grants the immigration bond and who determines the dollar amount?
Immigration bonds are granted by either Immigration or Customs Enforcement (ICE) or by an immigration judge.  Either party sets the bond to ensure the immigrant’s appearance at future court proceedings.  So, for example, if ICE sets a bond of $5000, and the detainee’s family posts that amount at an ICE field office, then the person will be released.  ICE will return the $5000 if the ex-detainee shows up for all his court hearings.  If he misses a court hearing, then the $5000 will be forfeited.
In any case, the immigrant or his attorney can also request a bond from an immigration judge.  Depending on the region of the country where the person is detained, requesting a bond hearing may be the fastest way to get a person released from immigration detention.
Once a formal request for a bond is made, the immigration court will calendar a bond hearing.  At the bond hearing, the judge will set a bond amount after making a determination of whether the detainee is a flight risk or danger to persons or property.  The immigration judge considers many factors, on which evidence may be presented by either party.
These include: the immigrant’s family and community ties to the United States, length and seriousness of criminal history, financial stability, history of immigration violations, length of residence in the United States, and history of appearances before courts.
Even at bond hearings, you or your attorney may be able to negotiate a bond amount with Immigration and Customs Enforcement.  When an agreement as to the bond amount is reached, the immigration judge will often accept this number.

 

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