In our last blog post, we discussed what happens during an immigration bond hearing. In the article, we mentioned something called a “Joseph’s hearing.” What is that? And what does it have to do with immigration bonds?
A Joseph’s hearing is something you can request the immigration judge if you disagree with Immigration and Customs Enforcement who believe that you should receive mandatory detention without bail. This is usually the case if the immigrant has a criminal record.
Some immigrants are mandatorily held by the ICE if they meet the following conditions:
- The person has committed in a crime of moral depravity unless the crime happened more than five years ago, when the immigrant was under 18, or the sentence was less than a year.
- The immigrant received multiple convictions where combined sentences are five years or more in prison
- The immigrant has a controlled substance offense on his/her record
- The person has a prostitution-related offense on his/her record
- The person was involved in a terrorist activity
- The immigrant was involved in human trafficking
- The person was involved in money laundering
The immigrant does not need to have a conviction in all these cases. However, if you have admitted to committing certain crimes or there’s enough evidence that shows your involvement, then you may be subject to mandatory detention.
But let’s say you don’t fall under these grounds. Then you are able to ask the judge for the Joseph’s hearing. In this hearing, it is up to the judge and not ICE to decide whether you should be subject to mandatory detention. If the judge believes that you do not meet these criteria, then you will become eligible for an immigration bond. However, if the judge still agrees with the ICE determination, then you are not able to get a bond.
Just like any other hearing, it’s important to have evidence to prove that a mandatory detention is unnecessary. Proof like family times, employment history, property ownership, and ties to the community can help your case.
If you or a family member is in need of an immigration bond, let us help. Contact the Houston immigration bondsmen at Freedom Federal Bonding Agency now.