Immigration detention is an unpleasant and often frightening situation that could last a substantial length of time. The release of those who have been detained as part of a removal proceeding or other immigration procedure may be authorized on an immigration bond. Eligible parties may request a bond hearing from Immigration and Customs Enforcement (ICE) or the immigration judge, either verbally or in writing.
An Aurora immigration bond lawyer may assist with determining eligibility, prepare a motion for a bond hearing, and provide representation during the hearing. A knowledgeable immigration attorney who understands how these bonds work could offer advice and advocacy to help you pursue a successful resolution to your case.
How Immigration Bonds Work
When an individual who is not a citizen of the United States has violated the terms of a visa, committed a crime, or entered the country illegally, he or she may be placed in immigration detention while awaiting a hearing on deportation or removal. A judge may authorize release until the hearing if the person detained pays a fee known as a bond.
The bond will be returned if the person released complies with requirements such as returning for his or her court date. If he or she fails to comply, the bond money would be forfeited to the government.
Applying for an Immigration Bond
When a person is first detained but before removal proceedings have begun, it is often possible to request bond directly from ICE. The Department of Homeland Security has the authority to issue bonds and set the amount. A seasoned immigration bond attorney in Aurora could negotiate with ICE for a bond on behalf of a detained immigrant, potentially avoiding the need for a bond hearing.
Once a case is moved to immigration court, the decision of whether to release a detainee on bond rests with the immigration judge, and a hearing must be held to evaluate the circumstances. In a bond hearing, the judge may consider factors such as:
- The length of time the individual has resided in the U.S.
- The individual’s ties to family and the community in the U.S.
- The individual’s employment record
- The severity of immigration violations
- The individual’s resources
- Other potential options for relief
- The potential danger to the community
- The potential threat to national security
It is often beneficial to have an experienced Aurora immigration bond lawyer prepare a brief highlighting favorable evidence to grant of a bond.
Setting the Bond Amount
One way an attorney may assist with immigration bonds is by negotiating a quick bond arrangement with ICE soon after detention. ICE may be more lenient in setting the amount than an immigration judge would be.
The minimum bond amount a judge may assess is $1,500, although the average value of immigration bonds vary according to the region. Fortunately for those seeking bond in the Aurora area, the median bond amounts tend to be lower in this region than elsewhere in the country according to recent data, trending closer to $5,000 than the $10,000 to $15,000 median bond amounts in other locations. A tenacious immigration bond lawyer in Aurora could present evidence demonstrating that a low bond amount is appropriate under the circumstances.
Contact an Experienced Aurora Immigration Bond Attorney Today
Quick action could make a tremendous difference when seeking bond in an immigration case. If you have been detained, get in touch with a seasoned Aurora immigration bond lawyer as soon as possible so they can begin working to negotiate your release.
A knowledgeable attorney could also prepare and present evidence to make a solid case that bond should be set at a reasonable amount. To learn more or to get started working toward obtaining release on an immigration bond, call now.