What are Immigration Bond Hearings?

When Immigration and Customs Enforcement (ICE) arrests someone you love, your life can suddenly feel uncertain and overwhelming. Families often have to scramble to find information, as they may not even know where their loved one is being held, if they have any rights, or what to do next. After an ICE arrest, one of the first and most important legal steps is an immigration bond hearing. Below, our Atlanta deportation defense lawyer explains how these hearings work and the different factors that can affect the outcome of a case.

Understanding Immigration Bond Hearings

Immigration bond hearings are legal proceedings in which detained individuals can ask an immigration judge to release them from custody. This does not mean that their case is dismissed. It simply means immigrants do not have to remain in custody while their case is pending. Immigration bonds are handled by the Executive Office for Immigration Review (EOIR), which is part of the U.S. Department of Justice.

Like bail in criminal courts, immigration bonds are a guarantee that the detained individual will return to court hearings in the future. If a judge grants an immigration bond, the individual can be released from custody and pursue different types of relief, including adjustment of status, cancellation of removal, or asylum.

Factors Considered During Immigration Bond Hearings

Unfortunately, not all individuals detained by ICE qualified for an immigration bond. Certain people, particularly those who have previous immigration violations or certain criminal convictions, are subject to mandatory detention. For individuals who do qualify, an immigration judge will consider a number of factors to determine whether to grant bond. These include:

• Whether the person is a flight risk and if they have strong ties, such as family or employment, to their community
• If the individuals has any previous arrests or convictions of concern
• If the individual is pursuing removal relief, and the likelihood that they will be successful with it

Detained individuals must establish that they are not a flight risk or a danger to the community.

How Much are Immigration Bonds?

Due to the fact that the burden of proof is on the detained individual to show that they should be granted a bond, they must present strong evidence that supports their case. This can include:

• Letters of support from employers or family members
• Proof of visa history or legal entry into the United States
• Evidence of no criminal record
• Proof of involvement in the community

Immigration judges are given broad discretion and the amount of bonds can vary significantly. Typically, immigration bonds are not less than $1,500 but they can be $20,000 or more. Bond amounts depend on any factors the judge may deem as a risk. When bond is denied outright, the individual must remain in custody as their case proceeds.

Call Our Deportation Defense Lawyer in Atlanta Today 

Our Atlanta deportation defense lawyer works with families to help them understand their options and can prepare comprehensive bond packages that are designed to meet the necessary requirements. For a consultation to discuss your needs and case, please call Shirazi Immigration Law, Inc. today at 404-523-3611. Serving clients in Atlanta, Moultrie, and Dalton, GA and Chattanooga, TN.

Source:

justice.gov/eoir/reference-materials/ic/chapter-9/3