If you are detained by Immigration and Customs Enforcement (ICE), it is understandable to want to leave detention as soon as possible. Detention can be unsettling under even the best of circumstances and often causes great concern with family members.
Prior to a Oak Brook immigration bond hearing, a professional attorney could help you identify whether you might be eligible for release based on the payment of a bond. They could also help you analyze whether an immediate release is actually the best strategy for your particular legal case. En Español.
The Basics of Immigration Bonds
A person’s experience in detention for an immigration-related offense can vary greatly depending on the circumstances. If the government determines that the person was previously deported or did not comply with a previous order of removal, he or she could be deported within hours or days. If the person is not promptly removed, ICE may keep him or her detained, set a hearing date, and determine whether he or she can or cannot be released on bond.
A bond in immigration courts is much like bail in criminal courts. With a bond, the detained individual can pay a set amount of money in exchange for his or her release. The money reassures the court that the individual will attend all future court hearings. If the person fails to comply, the money would be forfeited (lost).
When analyzing a case, ICE initially works to determine (1) if the individual qualifies for release under a bond and (2) the amount that must be paid under the bond. Some individuals with a criminal background, multiple immigration violations, or other characteristics will not initially qualify for a bond, according to the ICE determination.
If ICE delays the decision, or if an individual wants to challenge ICE’s decision, he or she can ask for a Oak Brook immigration bond hearing in front of a judge. A skilled immigration attorney could help you request and prepare for such a hearing.
How Do You Pay for Your Immigration Bond?
Detained individuals need the help of a friend of family member who can arrange payment or financing of the bond. If financing is needed, arrangements can be made with a business that specializes in bonds. Amounts can range from $1,500 to beyond $20,000.
The person paying the bond must have legal status, usually as a permanent resident or a United States citizen. After the detained individual appears at all court hearings and carries out all court orders, the money would be returned to the person who posted it.
What Happens at a Bond Hearing in Oak Brook?
If someone asks for a bond hearing in front of an immigration judge, he or she likely has one of two objectives in mind: ensure that you qualify for release, and/or minimize the amount of money required under the bond. During the hearing, an immigration judge would consider the applicant’s criminal history, his or her immigration history, his or her community ties in the U.S., and his or her financial situation.
The judge would also determine whether the detained individual is a fight risk and analyze the strength of his or her legal case against deportation. In addition, the judge may want to know if the applicant is employed, whether he or she rents or owns a home, and whether he or she qualifies in any way for a green card, asylum, or some other form of relief. The judge will also determine whether the detained individual is a danger to the community.
The detained individual can support his or her case by bringing pay stubs from work, birth certificates of children who are U.S. citizens, and letters from friends or family that discuss your good moral character. Your immigration attorney could help you fully prepare for a Oak Brook immigration bond hearing in order to maximize your chances of obtaining a bond and immediate release.
Experienced Attorneys Could Help with Immigration Bond Hearings in Oak Brook
Arranging and preparing for a Oak Brook immigration bond hearing can be stressful. However, you may increase your chances of release if you approach the topic of bonds with the help of an experienced immigration lawyer. Contact us today for immediate advice regarding immigration detention and the possibility of release from ICE custody.