Explaining Bond In Immigration Proceedings

April 11, 2016 | Aaron M. Morrison | blog, Criminal Immigration, Detention, Immigration Court

In many cases, immigrants detained by Immigration Customs and Enforcement (“ICE”) can request a bond hearing before an Immigration Judge and seek release from immigration custody. In determining whether or not to grant an immigration bond request, the Immigration 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 immigration detention. They must therefore remain in immigration detention for the duration of their immigration proceedings. The question of whether a particular criminal conviction subjects a detainee to mandatory immigration detention can be highly complex and often requires a considerable amount of research and analysis of the criminal court records pertaining to the detainee’s criminal case. If a detainee’s conviction does not fall under the mandatory immigration detention 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 immigration detainee has satisfied these requirements, the Immigration 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 immigration detainee has a stable address and finally whether the detainee is eligible for long term immigration relief from removal/deportation. Evidence in this regard should be submitted to the Judge, including (but not limited to):

Proof of a stable address;
Proof (in the form of birth certificates, U.S. Passports, Citizenship Certificates) of the existence of family members residing in the U.S. legally. If the family member is a legal permanent resident, you can submit a copy of their resident alien card (“green card”);
Evidence of employment including tax returns and/or a letter from an employer;
(If applicable) evidence of property ownership such as a copy of the deed to a home or copy of a mortgage statement;
letters from friends and family members attesting to the good moral character of the detainee;
evidence of service to the community such as Church participation or volunteer activity;

If your loved one is currently in immigration detention, it is crucial to consult with a seasoned immigration attorney with experience in immigration bond hearings and deportation defense. Contact our office now to schedule an initial consultation and explore all options.