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.