In the context of immigration law, there are different types of procedures which apply to individuals who have to appear in immigration court. A “Joseph Hearing” comes from a Board of Immigration Appeals case in 1999 called Matter of Joseph.
What is a Joseph Hearing?
A Joseph Hearing is held to determine whether or not an individual should be compulsorily detained because of their criminal charges, or whether they might qualify for an offer of bond from the immigration judge. If detention is compulsory, then bond cannot be offered.
How are Bond Hearings Conducted?
At a bondhearing, 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 abond. After arguments have been made, the judge usually renders a decision immediately.
What Does the Judge Focus On?
The judge wants to assess if the individual will present a danger to the community if they were to be offered release on bond, whether or not the individual will appear for their next immigration court date, and what kind of ties the individual has to their community. If the individual’s immigration lawyer is able to articulate these factors in the positive, there is a chance that the individual may qualify for bond, instead of having to face compulsory detention.
Consider setting up a consultation with an 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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