Are You Entitled to a Bond Hearing if Arrested by ICE?
After an ICE arrest, you might have the right to a bond hearing. The hearing works like bond hearings in criminal court. A judge will determine whether you can be released based on the risk that you will flee and whether you pose a threat to the community. This is one area of immigration law that is changing rapidly, and the rules shift month by month depending on where you are detained. Call Empowerment Legal, PLLC. We defend clients from deportation and removal. Our firm can review if you can request a bond hearing, and we can be your advocate.
Why Should You Request a Bond Hearing?
Without bond, you will stay in custody for months as the government determines whether to deport you. Even if you ultimately win your case, you will have spent months away from your family. Many people lose their jobs and struggle financially once they get out. Being released on bond allows you to continue with your life as your immigration case works its way through the system.
With bond, you pay a certain amount to obtain release, and the bond guarantees your appearance at hearings.
Who is Eligible for a Bond Hearing?
The rules are changing, literally day by day. The Board of Immigration Appeals has severely curtailed the ability of noncitizens to request bond hearings after being taken into custody. However, district court judges around the country have disagreed with the Board and are ordering that DHS provide a bond hearing to many people. District court opinions are only binding in that district, and there are hundreds in the U.S. That’s why it’s hard to generalize about the current state of the law.
Recently, the Fifth Circuit decided that BIA’s restrictive view of bond hearings was the correct view, but that opinion is only binding in Texas and nearby states. It isn’t binding here in Florida, where the issue is being decided on a judge-by-judge basis.
Call Empowerment Legal to determine if you have the right to a bond hearing. The government is pulling people off the street and giving them little information about the status of their cases. Many people are scared that they will be put on a plane and flown out of the country. You might have the right to a bond hearing before an immigration judge.
Contact a Jacksonville Deportation & Removal Attorney for Assistance
Our office can determine if you legally have a right to request bond, and we can start the process. Our office will gather useful information to present to the immigration judge. The critical factors are whether you pose a risk of flight or danger to other people. Many people being detained have no criminal history and jobs, so they are productive members of the community.
In a free consultation a Jacksonville deportation and removal lawyer can go over the specifics of your case and answer your questions. Our meetings are confidential, and we do not release information about your location to ICE.
Source:
apnews.com/article/fifth-circuit-immigrant-detainees-denied-bond-f5265ecf771d1f8e9f20d48bddfb1a25