How Immigration Bond Hearings Work
In most cases, immigrants detained by Immigration Customs and Enforcement can request a bond hearing before an Immigration Judge and seek release from custody. In determining whether or not to grant a bond request, the Judge must first determine whether or not the detainee is subject to what is known as “mandatory detention.”
Immigrant detainees who have been convicted of certain crimes are mandatory detainees and ineligible to be released from custody. They must therefore remain in custody for the duration of their immigration proceedings. The question of whether a particular criminal conviction subjects a detainee to mandatory detention can be highly complex and requires a considerable amount of research and analysis of the court records pertaining to the detainee’s criminal case.
If a detainee’s conviction does not fall under the mandatory custody provision, the detainee must then establish to the satisfaction of the Judge that he or she is (1) not a danger to the community; and (2) not a flight risk. In considering whether the detainee has satisfied these requirements, the Judge will consider the detainee’s entire criminal and immigration history, record of employment, family and property ties to the U.S., community involvement, whether the detainee has a stable address and finally whether the detainee is eligible for long term immigration relief from removal/deportation.
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