Immigration Bond Hearings
Immigration bond hearings – In one of our earlier posts, we discussed the different types of immigration bonds that are set by ICE or an immigration judge, the average amounts for an immigration bond, and how someone can bond a detainee out of an ICE detention center. In this entry, we will discuss how a bond hearing is conducted in immigration court and the various factors which an immigration judge considers when determining an individual’s eligibility for a bond.
How Does is Eligibility for Bond Determined?
When an individual is detained by ICE, an ICE agent makes an initial custody determination to decide whether the person should remain in custody or should be released. This is the first bond determination which is made. The individual is provided with Form I-286, Notice of Custody Determination. This form is provided to the individual and sets forth the reasons for why they are removable from the United States. Form I-286 will also have checkboxes on it which indicate if the individual is to be mandatorily detained, released, or to be released after payment of a specific bond amount.
Can an Individual Challenge a Bond Determination Made by ICE?
A detainee may request a review of a custody determination. This will take place in the form of a hearing in front of an immigration judge. The immigration judge can reduce the amount, keep it the same, or increase the amount of the bond, based on the information that is presented at the hearing. If ICE did not set any bond amount, this is an opportunity for a detainee to argue that they qualify for a bond amount, or to be released. It is very important to consult with an experienced immigration attorney when challenging bond determinations.
How are Bond Hearings Conducted?
At a bond hearing, there are primarily three parties present: (1) The immigration judge, (2) the attorney for the Department of Homeland Security (DHS), and (3) the detainee. If the detainee has elected to be represented by an immigration lawyer, their lawyer will make arguments on their behalf.
The judge will hear statements from the DHS attorney about why the detainee is not eligible for bond and then the judge will hear statements from the detainee’s attorney on why they should be released, or in the alternative, why they qualify for a bond. After arguments have been made, the judge usually renders a decision immediately.
What Factors Does an Immigration Judge Consider in Bond Hearings?
The immigration judge is primarily concerned with two factors: (1) Is the individual a flight risk? And (2) Does the individual pose a threat or danger to their community?
The detainee’s immigration lawyer must be able to articulate facts which disprove both of these factors and should provide documentation to the immigration judge to alleviate their concerns. The detainee’s criminal history, family ties to their community, dependent immediate relatives, employment, and other factors are all considerations which tie into whether or not they pose a flight risk or danger to the community.
An immigration lawyer will be able to assist a detained individual with preparing bond redetermination motions, putting together a comprehensive packet for an immigration judge, and making arguments in front of the immigration judge and DHS for a release or a bond amount. It is important to consult with an immigration attorney if you, or someone you know has been detained by ICE, or will be facing removal from the United States. Consider setting up a consultation with an immigration attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.
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