When someone is detained during the deportation process, obtaining a release on bond could make a world of difference. Removal proceedings may drag on for months that stretch into years, and it is far preferable to be at home with the support of loved ones than incarcerated in a detention facility.
An experienced Wheaton immigration bond lawyer could help an individual in detention evaluate eligibility and obtain release on bond. It could be advantageous to seek bond as soon as possible, so it is wise to consult an immigration attorney before too much time passes. Help your loved one by speaking to an attorney today. En Español.
A bond is a sum of money paid to the Department of Homeland Security to obtain the release of a person who is in immigration detention. The reasons that a person could be in detention vary. Some are placed in detention for entering the U.S. illegally. Others are put in detention after they have been accused of doing something to violate their visas, such as staying too long or committing a crime. The reasons for detention could have an impact on whether the government decides that person should be released on bond.
The cost of a bond depends on the type of bond and “flight risk” of the person for whom bond is sought. A Wheaton immigration bond lawyer could help seek a reasonable bond amount and ensure the return of the bond unless the person released fails to comply with terms.
When a person is first detained by U.S. Immigration and Customs Enforcement (ICE), it is often possible to apply for a bond directly with the office or official in charge of the case. ICE may grant a bond before the case moves to immigration court. Sometimes, terms are more favorable at this stage in proceedings, so it is wise to have an immigration bond lawyer in Wheaton negotiate bond as soon as possible after an individual is placed in detention.
Once removal proceedings have moved to court, it is necessary to seek bond from an immigration judge. The person seeking bond then needs to demonstrate that he or she is not likely to flee and plan to return to court for the completion of removal proceedings. This demonstration of commitment is made during the hearing. The judge then considers factors such as the individual’s family connections, community involvement, length of time in the U.S., and financial resources. A Wheaton bond lawyer could help present facts in a light that shows an individual to be a low flight risk.
Several factors go into determining whether a detained individual is eligible for release on bond. Some of these factors are set by law while others may be ascertained at the discretion of the judge in a bond hearing or an ICE official.
If someone is detained for commission of a serious felony or crime of “moral turpitude,” then release on bond usually is not possible. Suspected terrorism and possession of drugs may also provide grounds to deny immigration bond.
Immigration detention is not a pleasant situation. When trying to obtain a successful outcome in this environment, it helps to understand the situation and know how to take best advantages of all available opportunities.
Working with an experienced Wheaton immigration bond lawyer could provide you or your loved one an advantage in the process. For a confidential consultation to learn more about how an immigration attorney could help your situation, call now.