Am I Eligible For An Immigration Bond?

Daren Brown
By Daren Brown | March 21, 2019
When it comes to questions regarding immigration laws, the answers never seem short and straightforward. There are many intricacies in regards to immigration law, especially when it comes to the discussion of immigration bonds. If you find yourself on the wrong side of the law as an alien, the good news is that it is possible to be freed from detention if you qualify for an immigration bond.

Do I Quality for an Immigration Bond?

A detained alien can qualify for the bond in one of two ways. The first is if the Immigration and Customs Department (ICE) determines that an alien is eligible for the bond. The department will then set the bond amount.

The second way you can be eligible for the bond is through an immigration bond hearing. This is heard and determined by an immigration judge. You can request one if the ICE turns down an application for it or sets the bond amount very high. The judge will decide if the bond can be granted and they will also decide if a bond amount set by the ICE can be lowered.

What is Mandatory Detention?

Detention is mandatory for some convicted crimes. The crimes are those that involve but are not limited to moral crimes such as theft, aggravated crimes like murder, assault and robbery with violence, and offenses with firearms and controlled substances.

Detention is also mandatory for “arriving aliens” who were caught at the border or who entered the United States on a form of immigration “parole.” Those who try to re-enter the country after being declared inadmissible can also be detained.

What Do I Need to Know about Bond Hearings?

If a request for an immigration bond hearing is granted, the immigration judge will schedule a formal immigration bond hearing, usually within three business days of the received request. If the alien is subject to mandatory detention, they cannot be released on bond by the Immigration Judge.

The judge makes this decision based on the alien's risk of flight and if their release would pose any danger to the community. If the judge rules that a bond can be given, he or she will determine the bail bond amount. The amount will be based on the judge's review of an alien's history in terms of serious convictions. Ties to the community, family in the United States and financial status are some of the factors the judge considers. It is possible to appeal the Immigration Judge’s decision to deny bond to the Board of Immigration Appeals.

How Do I Pay the Bond?

To pay the bond, an appointment must be scheduled at the local ICE office. The appointment can be scheduled by a citizen or by a person who has legal status in the U.S. The appointment can be made by phone. The bond cannot be paid by personal check or in cash. Ideally, it is paid by writing a cashier's check to the Department of Homeland Security. A bondsman or attorney can also organize the payment. An original social security card and a valid photo ID will also be required.

Do I Need an Immigration Lawyer?

The ins and outs of immigration bonds can be quite complex. Eligibility, the bail bond amount and detainment are just a few questions that demand attention. These matters are best handled by an experienced immigration attorney, such as Cindy Goodman with Stockard, Johnston & Brown, P.C. in Amarillo, Texas. For five years Cindy worked for the Department of Homeland Security. The professional relationships and connections she has formed with government attorneys and immigration judges in this area have proven invaluable when it comes to winning an immigration law case. If you have any questions regarding immigration law, or want to know if you are eligible for an immigration bond, call on Amarillo immigration lawyer Cindy Goodman at the Texas law firm Stockard, Johnston, Brown & Netardus, P.C. today.

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photo credit: BrandonSigma / Free Digital Photos

Topics: Immigration, Law