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Facing immigration court proceedings? The complexities of immigration appeals, master calendar hearings, and removal proceedings can overwhelm you. That’s where an immigration bond attorney comes in. At Henry & Grogan, we specialize in handling the immigration court system for Philadelphia residents. Our expertise lies in guiding clients through their immigration bond hearings with confidence and clarity.
Often, individuals in immigration custody face various hurdles. Immigration judges must make custody determinations, which directly impact your loved one’s freedom. Our role as immigration attorneys is to simplify this process, helping you understand the bond amount, the bond contract, and the overall implications of the court’s decisions. We work with customs enforcement and government attorneys to advocate for your rights and work diligently to secure a favorable outcome.
Henry & Grogan stands out due to our fantastic knowledge and experience in immigration law. We help take away the challenges that come with legal jargon and make the process less intimidating. Trust us to handle your case with the dedication and precision that define our practice.
What Is a Bond in Immigration?
An immigration bond is a financial assurance paid to the government to release a detainee from immigration custody while their case proceeds in the immigration court. This bond is essentially a contract that guarantees the detainee will attend all their future court hearings, including master calendar hearings and immigration appeals. The bond amount is determined by an immigration judge and must be paid in full before the individual can be released. If the person fails to appear at their scheduled hearings, the bond money is forfeited to the government. Understanding the specifics of how bonds work is important, as it directly impacts custody determination and overall immigration proceedings.
What Happens at Immigration Bond Hearings?
During an immigration bond hearing, a judge assesses whether the detained individual should be released from immigration custody pending further court hearings. The judge evaluates various factors, including the detainee’s flight risk and whether they pose a danger to the community. Both the detainee’s immigration attorney and the government attorney present arguments and evidence. The judge then decides on the bond amount or denies bond release altogether. This decision determines whether the individual remains in detention or can be released upon payment.
When Keeping a Foreign National in Custody Is Mandatory
Certain circumstances necessitate that a foreign national remain in custody without the possibility of bond. This usually applies to individuals with serious criminal convictions or those considered a threat to national security. The mandatory custody rule means these individuals cannot be released on bond during their immigration proceedings. For these cases, the immigration judge has no discretion to grant a bond, regardless of other factors. It’s important for detainees and their families to know when this rule applies, as it directly affects their legal strategy and potential outcomes.
How the Immigration Judge Decides Whether to Release Someone From Detention Upon Payment of a Bond
The immigration judge considers several factors when deciding whether to release someone from detention upon payment of a bond. These include the individual’s ties to the community, employment history, and family connections in the United States. The judge also looks at the detainee’s past compliance with court orders and overall character. The goal is to determine whether the person is likely to attend future hearings and not pose a flight risk or danger to the community. A well-prepared argument from an immigration attorney can significantly impact the judge’s decision, potentially leading to a favorable outcome for the detainee.
Can a Detainee Have More Than One Bond Hearing?
Yes, a detainee can request more than one bond hearing under certain conditions. If there are significant changes in circumstances, such as new evidence or a change in the detainee’s personal situation, another hearing can be requested. This is known as a “bond redetermination” hearing. It provides an opportunity to present new information that may persuade the immigration judge to adjust the bond amount or reconsider the release decision. Consulting with an immigration attorney is crucial in these situations to ensure that the request is made appropriately and effectively.
Who Is Eligible for a Bond (or a “Custody Redetermination”) Hearing?
Not everyone in immigration detention is eligible for a bond hearing. Eligibility depends on several factors, including the nature of the individual’s immigration case and any prior criminal history. Generally, those who have been detained by U.S. Customs Enforcement have the right to request a bond hearing if they are not subject to mandatory detention. During this “custody redetermination” hearing, the immigration judge determines whether the bond is appropriate based on the detainee’s specific circumstances.
How Soon After Bond Is Posted Will the Detainee Be Released?
Once the bond is posted, the release process can vary in time. Typically, the detainee is released within a few hours to a couple of days. The exact timing depends on the processing speed of the detention facility and the complexity of the case. It’s important for family members to post the bond promptly and follow all required procedures to avoid delays. An immigration attorney can provide guidance on the posting process and help expedite the release as much as possible, ensuring that everything is handled smoothly.
How Can Family Members Post Bonds for Detainees?
Family members can post bonds for detainees by paying the bond amount set by the immigration judge. This payment must be made in full, either at an Immigration and Customs Enforcement (ICE) office or through other authorized channels. The bond money acts as a guarantee that the detainee will attend all subsequent court hearings.
How to Request an Immigration Bond Hearing
Requesting an immigration bond hearing involves filing a motion with the immigration court. This motion must include pertinent information about the detainee’s case and reasons why a bond should be granted. The process requires careful attention to detail and knowledge of immigration law.
Determining Whether the Individual Is a Flight Risk
One of the key factors in bond hearings is assessing whether the individual is a flight risk. The immigration judge evaluates aspects such as the detainee’s family ties, employment, and length of residence in the U.S. Strong connections to the community can indicate a lower risk of fleeing. Conversely, a lack of ties or previous failures to appear in court can suggest a higher risk.
Receive Support for Immigration Bond Hearings With Henry & Grogan
If you or someone you know is in immigration custody and facing deportation proceedings, an immigration bond hearing can be a critical step toward regaining freedom. At Henry & Grogan, our experienced Philadelphia immigration bond hearing lawyers can help you navigate the process. We can represent you in court, fight for a fair bond amount, and help you gather evidence to strengthen your case for release. In addition to bond hearings, we offer a wide range of immigration legal services, including assistance with filling out Form I-212 applications for permission to reapply for admission after inadmissibility and helping obtain visitor visas for temporary stays. Contact us today for a consultation.