Denied an Immigration Bond? Here’s What to Do.

BuzzFeed recently reported on the clamp down on “catch-and-release” — the process of allowing an immigrant to walk free while waiting for a deportation court hearing. According to the article, a letter was sent to ICE stating that there are 805 cases at 37 immigration detention facilities of people who claim they have arbitrarily denied parole or bond since January 20.

Earlier this year, the U.S. Department of Homeland Security had written a memo that called for an end to “catch-and-release” policies, increasing detention, and narrowing the circumstances under which someone can be released on parole. This has led to an increase in the number of people detained by ICE under the Trump administration.

One advocate leader, Christina Fialho of the Community Initiatives for Visiting Immigrants in Confinement (CIVIC), says many of these were denied parole were given “a cursory, at best, review of their case.” In fact, many say they received no explanation as to why they were denied an immigration bond.

Is there a way to get out of detention then if you were denied an immigration bond? The answer is yes. You will need to request a bond hearing from an immigration judge either through a written motion while in detention or by oral request at your first court appearance.

At your bond hearing, the judge will review your immigration status to make sure you’re eligible for a bond. In order to be eligible, you cannot be one of the following:

  • You are classified as an “arriving alien.” For example, you are returning to the U.S. after a trip abroad and are a non-citizen.
  • You are in this country illegally (you entered without official documents)
  • You engaged in activities that threaten national security
  • You have committed certain crimes such as theft, fraud, or drug possession/sale

The judge will then determine whether you are a flight risk. Taking all these into account, the judge will then deny or approve your bond request. If the judge denies your request, you can request a “Joseph hearing” where you can provide evidence that you are eligible of for a bond.

But it’s important to note that you will need an experienced immigration attorney to help you with the process. Going through any legal proceedings can be difficult, especially if you don’t know the laws of this country.

If your loved one is allowed out of detention on an immigration bond here in Houston, we are ready to help you. Contact Freedom Federal Bonding Agency today for more information.

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