San Diego Immigration Bond Attorney
Remove an ICE Hold & Get Out of Immigration Custody
Being released on an immigration bond is still possible but it has gotten more difficult under this new administration and their immigration policies. However, with careful preparation, our office can help remove the ICE hold and obtain an affordable bond. We are committed and passionate immigration advocates with the type of experience needed to present the legal argument and type of evidence needed to secure your freedom from immigration custody.
What Is a Bond Hearing?
Current case law created by the Board of Immigration Appeals requires that the respondent has the burden to prove eligibility for a bond. The regulations state that, “the alien must demonstrate to the satisfaction of the officer that such release would not pose a danger to property or persons, and that the alien is likely to appear for any future proceeding.”
Most people are familiar with the word "bail" and how the bail process works in criminal court. An immigration bond is similar to the state’s bail process but with some important differences. One of the biggest challenges is convincing an immigration judge that the non-citizen detainee is not a flight risk, despite the lack of family ties. Another difference is that under immigration laws, not everyone detainee is entitled to a bond during deportation proceedings.
What to Expect From an Immigration Bond Hearing
If a non-citizen is detained because of their illegal status, several different things can happen.
- ICE initially determines whether the non-citizen is eligible for an immigration bond
- If ICE does not agree to a bond, then the alien will need to ask for a bond redetermination hearing
- The person will then go before an immigration judge and present a motion with supporting documents in hopes of convincing the judge give bond
- The court will focus on whether or not the non-citizen is a flight risk and a danger to the community
The bond helps assure the court that the non-citizen will return to court and not flee or harm others while released from custody. In many cases, the non-citizen will need an experienced attorney to present the legal and factual arguments required by the court to secure a bond.
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