When it comes to immigration in the United States, the process can become too complex that it would be unrealistic to face them all on your own. You are better off hiring a US immigration lawyer to help guide you through the many procedures that immigrants must follow. The reason for this is, failure to follow even just a single procedure could be a cause to put you in custody and face deportation hearings to decide if you are eligible to remain in the United States.
One way to get out of detention at an immigration detention center is to pay a bond, which assures the court that you will continue to appear for future court proceedings. If you want to avoid all the hassle, it’s essential to follow every step religiously and to provide all the documentation needed when attending your bond hearing.
Immigration Bond Defined
Immigration bonds are funds held by the federal government during an immigrant’s detention hearings. These bonds are deposited by immigrants to guarantee that they will appear for all court proceedings where it will be decided whether that person may receive legal status to live in the United States.
How to Request an Immigration Bond Hearing
Bonds will be set either by Immigration and Customs Enforcement (ICE) officers. ICE will then make the first custody determination when you are placed in immigration detention while awaiting removal proceedings. Now, if you disagree with ICE’s determination, then you will have the opportunity to request a bond hearing from the immigration judge. The process starts when ICE issues you a document, which is Form I-286 or “Notice of Custody Determination.” Again, if you disagree with the bond amount or if you did not receive a bond determination from ICE, you can directly request a bond redetermination hearing from the immigration judge.
This is where the process becomes complicated. Your best option is to hire an experienced immigration attorney in San Diego who can help you in preparing and submitting well-written motions and evidence for a bond hearing.
Who Can Apply for a Bond Hearing?
Unfortunately, the opportunity to receive a bond order is not for everyone. Depending on various factors, detained immigrants may not receive a bond order, and you will remain detained until the duration of your removal proceedings. Even the immigration judge does not have authority to grant you bond if you fall into any of these categories:
- Certain immigrants who committed particular criminal offenses such as aggravated felonies and drug offenses
- Those immigrants categorized as “Arriving Aliens”
- Certain immigrants who have been found deported in the past
If you happen to fall in any of these categories, you will automatically be subjected to mandatory detention or be inelible for a bond. As always, there are exceptions to these rules and that is why hiring an attorney is essential. Remember, even if you have made a good case for remaining in the US, the immigration judge does not have the power to release you even if you are able to pay for the bond.
If you happen to be in some trouble with the immigration officers, it is imperative that you follow the procedures and continue to appear at all immigration court proceedings. Failure to do so will cause the judge to order you removed from the US and be deported. So make sure you follow these tips and proceedings or hire an immigration lawyer to help you.
The San Diego Immigration Law Office is just the kind of firm you need to help you with your immigration case. We represent individuals, corporations, and other businesses carry out their goals and dreams of working and living in the US. From citizenship applications and military benefits to DACA applications, our legal team is highly capable of helping you settle any legal issues regarding immigration. Contact us today to get in touch with a US immigration lawyer you can trust.