Undocumented immigrants taken into custody by officers and whose deportation is pending could request a bond hearing for their case. Certain criteria must be met to prove that a detained immigrant qualifies for a bond. If the court approves the issuance of a bond, the detainee may be released from custody while waiting for their impending immigration hearing to determine their removal.
There are several crucial steps to the Bolingbrook immigration bond hearing process, and it is advisable not to approach these matters without legal representation. An immigration attorney could help you understand the hearing process and assist with building a compelling case for the judge to grant you a bond.
Qualifying for an Immigration Bond in Bolingbrook
Not all detained immigrants will meet the criteria to request a bond hearing in Bolingbrook. In most cases, the detainee will need someone to post a bond on their behalf. This person is known as the sponsor and is often a family member of the individual.
Certain criteria must be met to qualify for requesting a bond from the immigration court. The person posting a bond for the detainee should be a green card holder or U.S. citizen. The sponsor needs to show that the detainee will reside with them until their deportation hearing, will be present at all hearings, and will be responsible for the bond, if granted. This information is usually compiled into a letter to be presented by the detainee’s immigration attorney at their bond hearing along with other evidence supporting their request for bond.
Another major factor that will impact the judge’s decision is whether the detainee can prove that they have close connections to their local community and will not break the law if the court grants them a bond.
There are a number of ways in which the detainee’s links to their community can be shown. Documentation detailing the individual’s tax history, recommendation letters from former employers or therapists, education and marital records, and proof that the detainee has immediate relatives lawfully residing in the country could be used.
The Hearing Stage
At the hearing stage of the Bolingbrook immigration bond process, the judge will review a variety of factors to determine whether the detainee should be granted bond. The detainee’s attorney could show the individual’s vested interest in their community through records of finances, work, and property, as well as family photos, recommendation letters, and other supporting documentation.
The detainee’s lawyer would also present information to support the detainee should the bond be granted concerning who will be posting bond and the extent of the sponsor’s responsibility. By establishing that the detainee has clear affiliations with their area, and with the country as a whole, they could show the judge that the individual will not attempt to flee if released from custody and does not pose a threat to their community.
Some factors may disqualify a detainee from receiving a bond for their immigration case. For example, if the individual was caught trying to get into the country unlawfully, was formally removed from the U.S. in the past, or convicted of certain criminal offenses, they may be disqualified for a bond.
If the judge decides to set a bond, the precise dollar amount will vary by case, but starts at $1,500. However, the bond amount could be much higher. Assuming the bond amount is paid in full, the individual will be released from detention to await further hearings and potential removal. If the detainee cannot meet the bond amount, they will remain in detention pending their next court date. At the close of the individual’s removal case, they will either be deported or released from custody.
Ask a Bolingbrook Immigration Attorney About the Bond Hearing Process
Trying to approach the Bolingbrook immigration bond hearing process without skilled legal representation on your side could be a mistake. The judge has broad authority to determine whether to grant a bond to a detainee, so your case may hinge on the strength of the argument you make before the court.
An attorney could gather all documentation and evidence to support your request for release from custody on bond, fighting for a positive resolution for your case. Contact a lawyer today to receive your confidential consultation and a comprehensive evaluation of your immigration case.