The immigration laws of the United States are complex and are constantly changing. It may take years to resolve your case, during which time you will have to face numerous legal procedures. If you are a noncitizen, you can be detained by Immigration and Customs Enforcement (ICE) right here in New York City. In other cases, noncitizens may be transferred to a detention facility outside the tri-state area.
For this reason, it is extremely important to have counsel on your side at every step of your journey. With the crucial decisions you make long having consequences on you legal status, do not hesitate to hire the experienced NYC legal advocates at Law Office Of Patricia M. Machado, P.C.. We have a former immigration prosecutor on our side that can help you navigate through the immigration bond hearing process.
Call (212) 568-4550 today to schedule your consultation. We are ready to assist you with the immigration bond hearing process.
Immigration bonds function just like bail. The detained non-citizen, their family, or their friends must post a bond at the immigration court, which allows the detained non-citizen to be released from the custody of Immigration and Customs Enforcement (ICE) who is detaining them. The bond is posted as a form of collateral to ensure that the detained non-citizen will return to court.
If you are detained by immigration authorities, there are several ways you can get out of custody while you prepare for your deportation case: bond, parole, an immigration judge can release you at your removal hearing, or you can be released on your Own Recognizance (OR).
There are two ways for a person to be released:
If you have criminal charges, proof of your being a non-citizen automatically places you into mandatory custody.
If these situations apply, a person can bond just out of that typically exceeds the minimum bond set for people in designated alien-terrorist category.
Federal authorities will determine the amount of the immigration bond based on several factors including flight risk, current threat level, and criminal status. The immigration judge can either set the bond amount at a specific dollar amount or he can issue a no bond amount that means the non-citizen is not eligible for bond. The guidance for setting a bond amount is it should be no lower than 1,500 and not amount to such an extent that the non-citizen is unable to pay it. Bonds can range from $1,500 to $25,000.
A person in immigration removal proceedings “is entitled to a bond hearing.” 8 CFR § 236-1(c). A person in immigration proceedings is eligible for a bond hearing in which the government must prove by clear and convincing evidence that the non-citizen’s release will pose a threat to national security and that he is unlikely “to appear for any proceedings.”
If the non-citizen is not likely to appear for the case, then he must have two or more orders removing him (8 CFR § 1236-1(c)(8) and 8 CFR § 1236-1(c)(9)); if the non-citizen has one order of removal or any other type of order of removal he is a flight risk. The immigration judge then decides by preponderance of evidence whether the non-citizen is a flight risk, a danger to the security of the United States, and whether he had previous violations of failing to depart or appear for a previous proceeding (8 CFR § 1236-1(c)(9)).
In deciding whether to grant a bond of parole the district director or immigration officer has broad discretionary authority but is to take into account the nature and severity of the danger the non-citizen poses to the community, including but not limited to considerations of the national security interest. Parole may not be considered for a non-citizen and ICE does not have a financial incentive when considering whether to grant a bond or decide a case. The financial incentive is in the Immigration Judge to let that non-citizen stay out of ICE detention.
An immigration delivery bond must be paid with full payment to ICE personnel, credit cards, certified or cashier’s checks. Cash is not accepted.
An immigration bond must be paid in full at the time of release. It is strongly advised that you show up early and have the bond settled as all cases are released prior to 4 PM. If the case is approved for a bond the family member may choose if you want to be released that exact same day late afternoon time before the office closes or the next day by 8 AM. This decision cannot be changed by the family member
For issues with payments or if you need to change the release date contact the Homeland Security office for the Alien you want release. Also if you need to have receipts for immigration you must have the money orders paid if not you are up for charge “late fees” which you can explain the tardiness of your payments and you may be able to have the “late fees” waived.
Immigration and Customs Enforcement (ICE) has 48 hours (excluding weekends and holidays) to transfer you from state or local custody to their detention center. However, you may be stuck waiting for a bond hearing, which can take days, weeks, or even longer.
The way to ensuring that your loved one is released is the opportunity to obtain an application for release that demands a lower bond. We have experience in assisting our customers in their pursuit to be released. We can act fast and offer financial plans for bond and legal fees to begin helping you with your way of liberty.
Call (212) 568-4550 today to schedule your consultation. We are ready to assist you with the immigration bond hearing process.
