How Do Bonds Work in Immigration Cases?

How Do Bonds Work in Immigration Cases?

When Immigration and Customs Enforcement (ICE) detains you for removal proceedings due to the fact that you have an illegal or irregular immigration status, you may or may not have the right to post a bond. Some individuals whom ICE detains are subject to mandatory detention. This means that you will not be able to post a bond and you will have to remain in an immigration detention center. You may be subject to mandatory detention under federal immigration law if you previously have been convicted of a crime involving “moral turpitude” or a drug offense. However, there is an exception to the requirement of mandatory detention. If the crime of moral turpitude that you committed was a petty offense, in which the maximum term of imprisonment is one year or less, and actual imprisonment occurs only for six months or less, you may not be subject to mandatory detention as a result of a conviction for a crime of moral turpitude. Finally, if you already are subject to a prior deportation order, then ICE has the right to detain you without bond. If you are not subject to mandatory ICE detention as described above, then you may be able to pay a bond to be released from ICE detention, pending your removal proceedings. Since removal cases can last for years, it is important to try and get a reasonable bond set in your case if you are eligible for one. This will allow you to continue to work, care for, and support your family as you did prior to your detention. The amount of immigration bonds can vary widely, costing you anywhere from $1,500 to $20,000 or more. A bond amount may differ from one case to the next, depending on whether you are eligible for an immigration benefit, the reason for your removal, whether you have a spouse and/or children in the U.S., whether you are a flight risk, and whether you are considered to be a danger to the community. If the bond is set so high that you and your family cannot afford to pay it, you can ask for a bond hearing, at which you can fight the bond that the Department of Homeland Security (DHS) has set for you. If your bond is set at a reasonable level, a family member or friend can post bond for you. If he or she is posting the full amount of the bond, it will have to be paid by certified check or money order. If your family goes through a bail bondsman, then they typically must pay a premium of 15% of the bond, and submit collateral for the remaining value of the bond. The bondsman then pays the bond for you, which can take a few days to process. At the end of your case, the collateral taken by the bondsman or your bond can be returned to you. Since your removal case may take many months, and even years, your ability to remain free from detention is essential to supporting yourself and your family during a very difficult time. Not only can we help defend you against deportation from the United States, but we also can advocate on your behalf so that you can continue to work, if at all possible. Contact your immigration lawyers at Landerholm Immigration, A.P.C., today, at (510) 756-4468. We will schedule a consultation for you to meet with one of our skilled and experienced deportation defense lawyers as quickly as possible. Do not delay in contacting us, so that we can begin helping you!
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