Detained Cases/Bond Hearings

Removal proceedings generally begin with the arrest of an immigrant by local law enforcement agency or Border Patrol. Once arrested, the alien is turned over to ICe. At this time ICE will decided whether to take custody or initiate removal proceedings.

If ICE decides they may serve you with a Notice to Appear, initiating removal proceedings. At this point the arrested immigration will appear before the Department of Justice immigration judges for bond hearings. This can be a scary and overwhelming process. If you hire one of our attorneys they will make this process easier for you. Retaining us as your attorney for your or your loved ones bond proceedings will guarantee at least one in person visit to the detainee as will a thorough review of this process so the detainee is confident and comfortable moving forward.

Please always remember a few things, every bond case is different and every Judge is different. If the detainee is marked as an arriving alien on the NTA, they may be subject to mandatory detention.

If you are detained by ICE, you may be eligible for a bond hearing before an immigration judge. During this hearing the judge will weigh a number of factors to determine if you should be released and allowed to reside in the United States while your relief is pending. On March 18, 2020 the Board of Immigration Appeals set forth factors that an Immigration Judge may consider when determining eligibility for bond. The factors set forth in Matter of R-A-V-P are as follows. First, the immigration judge must consider if you are a danger to the community or a threat to national security. After this determination the Immigration Judge will determine if you are a risk of flight. When determining if you are a risk of flight the immigration judge may consider a variety of factors, including but not limited to:

• whether the alien has a fixed address in the United States;
• the alien’s length of residence in the United States;
• the alien’s family ties in the United States, and whether they may entitle the alien to reside permanently in the United States in the future;
• the alien’s employment history;
• the alien’s record of appearance in court;
• the alien’s criminal record, including the extensiveness of criminal activity, the recency of such activity, and the seriousness of the offenses;
• the alien’s history of immigration violations;
• any attempts by the alien to flee prosecution or otherwise escape from authorities; and
• the alien’s manner of entry to the United States.