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Who Gets Immigration Bond Hearings?

When an alien is in immigration custody, the local district office makes the initial custody determination for an immigration bond. If you commit certain crimes, such as a controlled-substance offense or what is deemed to be an aggravated felony, you will not get an immigration bond. The crimes for mandatory detention are listed under the Immigration and Nationality Act Section 236(c)(1). However, under certain circumstances, a legal permanent resident can fight the mandatory detention if it is substantially unlikely that the government would be able to prevail on the charge. For specific questions dealing with mandatory detention, talk with an immigration attorney. Also, if you are an arriving alien or are deportable based on terrorism, you will not receive a bond. The bond is determined based on two factors: 1) the person in question is not a danger to the community and 2) not a flight risk.

If the local district office does not give a bond or sets a high bond, an alien (not subject to mandatory detention) can ask an immigration judge to hold a redetermination hearing with the immigration court. The request can be either oral or written. Bond hearings are separate from the actual removal proceedings. Redetermination hearings are not recorded, any information can be considered and usually the written decision is not detailed. If bond is set, the minimum amount is $1,500. The immigration judge could also release the alien on his or her own recognizance. Aliens charged with visa overstays or visa violations receive lower bonds. At the end of the hearing, either side can appeal the decision. The appeal must be filed within 30 days to the Board of Immigration Appeals. Subsequent bond determination hearings can be asked for if there is a material change in circumstances from the previous hearing. There are a number of factors that go into the decision of bond. It is advisable to speak with an immigration attorney before trying to handle a bond redetermination hearing on your own

Bailey & Galyen Immigration Attorneys bring an insider’s perspective to our practice, which provides a unique advantage when offering legal help with visas, citizenship, green cards and a myriad of other issues that businesses, employees and individuals face regarding immigration.

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