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 advocates with the type of experience needed to present the legal argument and type of evidence needed to secure your freedom from immigration custody.
Contact the skilled San Diego immigration bond lawyer at Rodriguez Law Firm for a free consultation.
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. The first time that a person comes in contact with ICE and the person is assigned an alien number.
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. 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 for the person’s release from custody.
The bond helps assure the court that the non-citizen will return to court and not flee or harm others while released from custody.
Factors for Discretionary Release on Bond
The following factors are reviewed by ICE and the Judge when determining if the non-citizen’s request for bond will be granted:
- Does the non-citizen person have a criminal history?
- Are there any prior immigration violations?
- Did non-citizen attempt to flee or escape from immigration officials?
- Did the non-citizen miss prior court appearances?
- Does the non-citizen have U.S. citizen family members that live in the U.S., with whom he/she would live with if released?
- Does the non-citizen have community ties?
- What is the length of time he/she has been in the United States?
- Are there any potential immigration reliefs available to the non-citizen?
- Does the non-citizen have an ability to pay bond?
- Are there any other humanitarian factors, such as the non-citizen’s own medical or mental health conditions?
If you are in custody and in removal proceedings, we recommend that you schedule a consultation with a San Diego immigration lawyer. Rodriguez Law Firm's experience with bond hearings has helped many clients secure a bond and get out of ICE custody. A consultation with our attorney will give you a better understand the bond process and what the judge will focus on during the bond hearing.
Call (619) 332-1703 to schedule a free consultation with the skilled deportation defense lawyer at Rodriguez Law Firm.
I could not have received a better outcome in my case!- S. K.
This process took over a year because of the court's backlog but through it, all John stayed positive, kept us on track, and my family and I couldn't be more grateful and thankful for all of his hard work.- Kristen S.
They answered all my questions!- Chen D.
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