By Julie Sparks in Immigration | on 2020-01-27 21:53:00
When a person is detained by ICE, either from an ICE arrest or from a transfer from police custody, they will likely be sent to an immigration detention center. Sometimes ICE will set a bond amount themselves. Most often, one must appear before an immigration judge to ask for a bond.
When ICE denies bond, an attorney can file a motion for bond with the immigration court at any time. A motion is formal request for custody redetermination and bond, and it is advisable to obtain cooperation from the detainee’s family so that evidence in support of the bond motion can be gathered. The detainee will have the opportunity, by him or herself, or through an attorney, to present their case and request for bond to the judge in court. A prosecutor will be present who may oppose any bond amount being set, so it is important to have good representation to increase the chances of having a bond granted. J J. Sparks Law, PLLC always submits legal arguments accompanied by supporting evidence in their bond motions.
The three basic issues the judge will consider are whether the immigrant poses a danger to the community, whether the immigrant is a flight risk, and whether the immigrant poses a threat to national security.
Certain non-citizen immigrants are ineligible for bond. For example, those charged with removability as an “arriving alien” are ineligible to seek bond. For others ineligible for bond, the reason is most often related to their criminal history. Certain criminal convictions may prevent one from being eligible for bond. For example, most controlled substance related convictions result in one being deemed ineligible for bond. When someone is ineligible, that means that he or she must remain in immigration custody while a determination regarding whether they will be removed or not is made by the immigration judge.
Because criminal history is so important in determining bond eligibility, it is very important to seek the advice of an experienced immigration attorney while your loved one is in state custody prior to them being detained by immigration authorities. J J. Sparks Law, PLLC can either represent your loved one in his or her criminal case, or our attorneys can work with your criminal defense attorney to ensure that everyone is aware of the immigration consequences before your loved ever admits guilt to any crime or receives a conviction for certain crimes.
ICE or an immigration judge, if a bond is granted, will often base the amount of bond on many different factors, including:
The minimum amount for an immigration bond that a judge is permitted to set is $1,500, although at present, few immigrants are receiving bonds at this minimum amount. Bonds are often a few thousand dollars. Once a loved one pays the bond, the detained individual will be released. If the individual appears at all removal court hearings in the future, the obligor on the bond may request that the bond money be returned directly to them.
Do you need assistance securing an immigration bond for yourself or a loved one? If so, get in touch with our team of professionals at J. J. Sparks Law, PLLC to discuss the details of your situation. We are committed to serving clients throughout the greater Austin area, and we are prepared to put our years of experience to work for you.
Call (512) 952-2176 to schedule your case consultation to speak to an experienced immigration lawyer. We have represented immigrants from over 100 countries, and we are here to serve you!
Julie Sparks is Board-certified by the Texas Board of Legal Specialization in Immigration and Nationality Law, one of a few such attorneys in Texas. After 15 years of practice in this field, she has represented immigrants from more than 70 countries.
Ms. Sparks is a member of the Texas Bar Association and the American Immigration Lawyers Association (AILA). Julie has also been a featured speaker at Southwestern Law School and at the national 2015 AILA Fundamentals Conference.