A bond hearing in Immigration Court provides a means to be released from detention and return to home and family while an immigration case is in progress. The bond hearing is important because in the hearing a judge decides whether an individual could be trusted to return for subsequent court appearances.
The nature of an immigration bond hearing varies depending on an individual’s history and the reason for the detention. Those needing assistance with the Naperville immigration bond hearing process are advised to contact an experienced immigration attorney.
Requesting a Bond Hearing
Individuals in detention may ask Immigration and Customs Enforcement (ICE) if they may pay a bond, or the agency may automatically list a bond amount. The agency has a great deal of discretion, at least in the early stages. If ICE denies a bond or sets an amount that unreasonably high, then an individual in detention may request a bond hearing before an Immigration Judge.
This request may be made in writing or orally during the Master Calendar Hearing, which is usually the first scheduled court appearance. An immigration attorney could prepare a petition to start the Naperville immigration bond hearing process and help gather evidence to prepare for the hearing.
The Purpose of an Immigration Bond Hearing
Individuals need to demonstrate several essential qualities in order to convince a judge that they should be granted bond. First, they must show that they are not a “flight risk”, meaning that they are not likely to try to disappear as soon as they get released from detention. Showing that someone has connections to the community can help. In addition, hiring an immigration attorney demonstrates a willingness to challenge the proceedings in court.
If an individual has been charged with a crime or faces other allegations, it could be necessary to present character evidence to prove that release poses no danger to the community. As part of the Naperville immigration bond hearing process, it could prove helpful to present a sponsor letter, proof of close relations, and evidence that supports a case for deportation relief.
During the Hearing
In the courtroom, the individual who is the subject of the hearing is not usually placed in handcuffs but is monitored by guards. Communications with others may be restricted although the individual is permitted to speak with his or her legal counsel.
The Immigration Judge then reviews and weigh the evidence presented to determine whether it seems likely the person charged might return for further hearings to fight for relief through the legal process or whether he or she is likely instead to run away and try to hide. Evidence of ties to the community and an ability to apply for removal relief could support a case for the grant of an immigration bond.
In addition to deciding whether to grant a bond, the Naperville immigration bond hearing process also involves a determination of what the amount should be. The minimum bond is $1,500 but the amount could be substantially higher.
More Information About the Naperville Immigration Bond Hearing Process
The person who pays the bond must be able to read English to read the bond contract, and that person must either be a U.S. citizen or lawful permanent resident. At the end of all the immigration hearings, the bond money will be returned to that person unless the individual who was released fails to make a required appearance.
If the court denies bond after the Naperville immigration bond hearing process, it may be possible to appeal. A dedicated Naperville immigration lawyer could help with the hearing and other aspects of contesting a removal.