What Makes Immigrants Ineligible for Bond?

When U.S. Immigration Customs and Enforcement (ICE) takes a non-citizen into custody, that person may be eligible for bond. ICE may offer the bond but non-citizens do often have to attend a court hearing to be released. During a hearing, an immigration judge will review the bond requirements to determine if the non-citizen is eligible for bond. There are many factors that can make someone ineligible for bond, including being a flight risk or a danger to the community and having a criminal history or previous immigration violations. Below, our Atlanta deportation defense lawyer explains these factors in further detail so you know what to expect.

Who is a Flight Risk?

If a judge believes that you are unlikely to follow the requirements for bond, they may classify you as a flight risk. An immigration judge may consider you a flight risk if any of the following are true:

• You do not have a permanent residence
• You do not have regular employment
• You have failed to attend previous legal proceedings

To prove that you are not a flight risk, you can show family ties to the local area, you are involved in your community, and you have steady employment. Ultimately, if the judge believes for any reason that you are going to flee despite the fact that bond will not be returned, they may deny the bond.

Who is a Danger to the Community?

A judge may also deny you bond if they determine that you are a danger to the community. They will consider factors such as:

• Previous criminal convictions particularly for violent crimes, drug trafficking, human trafficking, and driving under the influence
• Improper behavior while being detained
• Other evidence that suggests criminal acts, such as an arrest that did not end in a conviction

An immigration judge may conclude that you pose a risk to the community even if you had not in the past.

What Criminal History is Considered?

A person may be arrested or convicted of a crime but they are still not considered a danger to the community. For example, a conviction for a theft charge can result in a denial of an immigration bond. Immigration judges will consider a number of factors regarding any previous criminal history including the number of offenses, the circumstances surrounding the crime, and the seriousness of the crime.

What Previous Immigration Violations are Considered?

Immigration judges may deny you bond if you have previous documented violations of immigration law. These can include:

• Previous deportations
• An order for deportation that was not completed
• A voluntary departure that was not completed

Generally speaking, if you have ever been ordered to leave the United States in the past and you did not, there is a higher risk that your bond will be denied.

Our Deportation Defense Lawyer in Atlanta Can Help with Your Bond

It is often possible to obtain an immigration bond, but it is never easy. Our Atlanta deportation defense lawyer can help you through the process and give you the best chance of a favorable outcome. For a consultation to discuss your case and needs, please call Shirazi Immigration Law, Inc. today at 404-523-3611.

Source:

ice.gov/detain/detention-management/bonds