Immigration Bond Information

Like state and federal bonds, immigration bonds are meant to provide another means of encouragement in getting immigrants to show up for their hearings before the court. Upon being detained, an immigrant is either given the option of paying a bond to be released from detention or not. Generally speaking, a detainee should be afforded the opportunity to pay a bond in order to be released from detention, but it does depend on immigration status and prior criminal activity. If someone is an “arriving alien” (which means the detainee had previously been ordered to leave the United States and failed to do so), a criminal or a terrorist, he or she may be denied the option of a bond. Just as in state and federal court, if an immigrant fails to show up for their hearing, the bond that was paid in order to be released from detention is forfeited.

Detainees should be examined “without unnecessary delay” by an ICE official in order to determine the detainees right to enter or remain in the United States. This officer should not be the same officer who arrested the person, but this may be the case if no other qualifying officer is available. If there is evidence that the arrested person has violated immigration laws, then he or she will be placed in removal proceedings. The reasons for the placement in removal proceedings should be communicated to the detainee and that any statement made by the detainee may be used against him or her in subsequent immigration proceedings.

ICE officer should set bond amount on qualifying cases

Upon arrival at detention, ICE officials will set the amount of the bond if it is determined that the detainee will receive bond. If the detainee feels that the amount is set too high, he or she can appeal to have the bond amount reviewed by an immigration judge (IJ), but the detainee must understand that the IJ can increase the amount of the bond if it is found to be too low and no matter the amount of the bond, the IJ cannot lower the bond below $1,500 as that is the minimum required amount.

Detainee may also file a motion in immigration court to request bond

If the ICE office refuses to set bond, or sets bond at a unreasonably high amount, the detainee may also file a motion in immigration court to request that the immigration judge set bond for release or redetermine the appropriate amount of immigration bond for a detainee.  Detainee may hire an immigration to prepare and file the motion for immigration bond, and it is highly recommended that the detainee hire an immigration lawyer to argue the bond motion in court.

Immigration judge has the power to set or redetermine the appropriate amount of immigration bond

If a detainee is not given a bond, he or she can request what is called a “Joseph’s Hearing” to show that they do not meet the requirements of a mandatory detention without the right to a bond.
On the other hand, a detainee may be released on his or her own recognizance which means that a bond needs not be paid. This does not mean that the detainee is not required to attend required court appearances before the immigration court, but that ICE and/or the ICE officials did not think a bond was required.

In determining the appropriate amount of immigration bond, the immigration judge generally examines the following factors:

1. The detainee’s family ties in the United States;
2. The detainee’s criminal history;
3. The detainee’s employment;
4. The detainee’s financial ability to pay a bond;
5. The detainee’s membership in community organizations and standing in the community;
6. How he detainee came to, and how long the detainee has been in the United States;
7. Whether the detainee has committed any immoral acts or participated in subversive activities; and
8. The detainee’s eligibility for relief from removal

In order to receive bond, the ICE agent or IJ must find that (1) the person must not be a danger to the community; (2) the person must not be a threat to national security; and (3) the person must not a flight risk.

If the detainee requests a bond hearing, he or she has the burden of proof and must show that she or he does not meet any of the bars to a bond. The IJ may consider “any information that is available to the Immigration Judge or that is presented to him or her by the alien or the Service.” While the IJ may explain the reasons for his or her decision orally, the written decision often is cursory. As a result, it will be very helpful to keep copious notes at the bond hearing as they can be very helpful at any subsequent appeals of the IJ’s decision in front of the Board of Immigration Appeals (BIA). A request for an appeal with the BIA must be made within 30 days of the bond hearing.

Request Immigration Bond with Immigration Judge – Helpful Documents

In preparation for a bong hearing, a copy of the individual’s complete criminal record is helpful if it is possible to get it. In order to do so, it may be necessary to file an expedited Freedom of Information Act request. It must be shown that the individual is not a flight risk and that he or she is not a danger to the community.  Evidence of past employment is helpful to show that the respondent engaged in gainful employment.  Evidence of family members living in the United States show that the respondent has enough connection to the community.  Evidence of ownership of property is also helpful in showing that the respondent will not be a flight risk.

Appeal the immigration judge’s denial of immigration bond or amount

If an individual pays bond and is released, but decides that the bond should have been lower or that the conditions of removal should be eased, a request must be submitted to the Immigration Court within 7 days of release. If ICE refuses to reconsider, an appeal can then be submitted to the BIA within 10 days of release.

After the bond is denied by immigration judge, or if the bond amount is too high, the detainee still has the option of appealing to the BIA after the bond determination of the IJ if he or she is still not satisfied with the decision. If, after this redetermination, the detainee’s circumstances have changed substantially and materially since the first hearing, he or she may apply for another rehearing before the BIA. Any further requests for custody and/or bond redeterminations must be submitted to the Immigration Court in writing.

Request alternatives to formal detention – ISAP Program

There are also alternatives to formal detention if the individual qualifies for and prefers the Electronic Monitoring Program or the Intense Supervision Appearance Program. These programs offer other ways for the immigration court to keep track of the individual without being placed in detention.

Post immigration bond for release of detainee

Once a bond has been set, the detainee has two options for paying the bond if he or she chooses to do so. First, the detainee can pay the bond in cash, money order, cashier’s check, or US bonds or notes directly to ICE. This payment is returned to whoever paid the bond once the detainee has attended all required hearings before the Immigration Court.

The detainee may also pay the immigration bondsman a nonrefundable amount to handle the bond which usually ranges between 15 and 20% of the bond amount. This amount is set by the government, but can depend on what is being paid to the bondsman for collateral to secure the bond.

Voluntary Departure Bond

There are two kinds of bonds which a detainee may be offered depending on their circumstances. A “Delivery Bond” is given to those arrested by ICE and issued a Warrant of Arrest a Notice of Custody Conditions (Forms I-205 and I-286 respectively). A “Voluntary Departure Bond” is given to those detainees who are allowed to depart the US voluntarily after being placed in removal proceedings. A bond is posted in order to ensure that the detainee leaves the US within the amount of time required by the immigration court.

Immigration Attorney Assistance with Immigration Bond

To retain my office to represent you in immigration court for the request for immigration bond, please contact immigration attorney direct line (949)228-3922 or email me at attorney@lawofficesofjackcsung.comto receive a free consultation with immigration attorney. Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultation are open 24 hours a day, 7 days a week. Immigration law office located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California. Free immigration consultation and advice within 24 hours guaranteed.