How to win Bond in Immigration Court

What is Bond?

Bond is the federal immigration equivalent to bail, as commonly seen in criminal proceedings. Unlike criminal proceedings, Courts have found that not everyone is entitled to immediate bond. This blog generally discusses how to increase your chances at winning bond.

What are the requirements for bond?

Generally, a detained individual will have a bond hearing at their first master calendar hearing. This is not immediate and sometimes, individuals must wait a month or longer before their first bond hearing.

What Happens at the Bond Hearing?

At the bond hearing, the judge will first need to determine if he or she has the authority to release the detained individual on bond. Some individuals are subject to mandatory detention and are not eligible for bond (with the exception of a Rodriguez bond in certain jurisdictions). The manner in which the indivudal came into ICE custody and the type of crime are all factors.

What must be proven to win bond?

At a bond hearing, two issues are considered: (1) danger; and (2) flight risk. In order to win a bond hearing, the judge must be satisfied that you are not a danger to the community and that you do not pose a "flight risk".

How do I prove I am not dangerous?

The judge will first look at your convictions, if any. If you were recently convicted of a dangerous crime, or a crime where people may get hurt, such as a DUI, the judge is likely to find that you are a danger to the community.

Factors the judge will consider are rehabilitation, the length of time since the conviction, repeat convictions of dangerous crimes, and evidence to show that you are a changed person and learned from your mistakes.

To prove this, the judge will look at certificates of achievement, attendance in counseling courses, such as Alcoholics Anonymous (AA), courses for anger management, domestic violence treatment courses, and similar counseling. In the absence of these types of evidence, letters from friends and family discussing how you are changed person and are not a danger to the community are helpful.

How do I prove I am not a "flight risk"?

First, the term flight risk does not meant that you will leave the country. Obviously, if you wanted to leave the country, there would be no point to fighting your deportation. The judge wants to know that you will continue attending all immigration court hearings, even if you are out of custody and released on bond.

To prove this, show evidence of past cooperation with immigration, relations with close family members, such as a spouse or parent who have lawful immigration status. Showing that you have a solution to immigration court is also very helpful, because the judge is assured that you can win your deportation case.

In a bond hearing, like all other hearings in immigration court, credibility is key. Judges don't like liars, or people who do not take responsibility for past bad conduct.

Contact a Santa Ana Immigration Lawyer Today

Securing bond for your loved one is a challenge. A skilled and aggressive Santa Ana immigration lawyer can help you win bond. Contact Yekrangi & Associates today.

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  • Can I Request USCIS to Reopen My Immigration Application? Read More

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