Being taken into custody by an immigration officer is a terrifying experience for both the person who is in custody and for the members of their family. Immigration proceedings can last months, and sometimes even years, and one of the first questions on everyone’s mind is whether you can be released from custody and remain free in the interim.
At Castañeda Law, we represent people who are the subject of removal proceedings. They are all concerned about being jailed while the immigration system proceeds at its own pace. That’s where we come in. Our attorneys will explain about immigration bonds, the process by which a bond is obtained, and how bond hearings work. We will protect your rights, and take the necessary steps to insure, if at all possible, that you are released while your case is pending. Call us today. We offer a consultation.
When you are detained at an immigration center, you may be able to qualify for a bond. The immigration bond is money you provide to the United States Department of Homeland Security in order to secure your release from detention while the proceeding moves forward. It may be possible to post the money directly, or to post it through a company that issues these bonds. At the end of the case, the bond is returned. If the person does not show up for their hearing, however, the bond is “forfeited” to the government.
The purpose of a bond hearing is to present facts to the judge centering on whether to allow a bond to be posted to secure the release of the detainee, and the amount of the bond. Some of the issues the judge may look at are the immigrant’s:
There are other facts that may also be relevant to the judge’s decision. The essence of the hearing is for the judge to make a determination as to (a) whether you will show up for your future immigration hearings, and (b) whether, if you are released, you pose a danger to the community. If the judge finds that you are not subject to mandatory detention (see below), and that you should be able to post an immigration bond, the amount of the bond will be set. Immigration and Customs Enforcement (ICE) may or may not provide an amount they say you should pay. If ICE does not put forth an amount, or if you think the amount they ask for is too high, you can ask the just to set the amount.
In some cases, the detainee may be ineligible for a bond. If you are not eligible, you are required to remain in custody until a decision is made in your case as to whether you should be deported (removed). This is what is known as “mandatory detention.”
There are a number of reasons why you may be subject to mandatory detention. Most involve convictions, under certain circumstances, for crimes that would render a person inadmissible to the United States in the first place, or removable. They include an aggravated felony conviction, conviction of many crimes involving moral turpitude, most drug crimes, and others.
Obtaining any relief or success in connection with an immigration matter may appear difficult, especially with the federal government on the other side. But in this area, as in many others, studies show time and time again that those who are represented by an experienced immigration attorney obtain better results, on the whole, than those who represent themselves.
At Castañeda Law, our attorneys were born outside the United States. They know the difficulties faced by people who are attempting to enter the country, or to remain here. They also know the effect of uncertainty as to the future, especially when an immigrant is in custody, and unsure about when he might every be released to see his family again.
We will advise you whether you are entitled to post an immigration bond, and we will represent you at your bond hearing. Our goal will be to secure your release on as favorable conditions as possible. Contact our office for a consultation.
Call (303) 386-7135 (Colorado) or (602) 560-3131 (Arizona)