Phoenix Immigration LawyerImmigration Bond Attorney in Phoenix, AZ

Phoenix Immigration Bond Lawyer

It is a harrowing experience to be detained by United States immigration officers for deportation. You will no doubt wonder how and when – and even if – you will be able to leave the detention facility and return home to your family and friends. You will also be wondering what to do in order to accomplish this. One method that may be available is to request a bond hearing after you have been detained.

At Castañeda Immigration Law, we understand who is eligible to be released on bond, and how to give our clients the best chance of having a bond hearing lead to a favorable result. If you are not released by the posting of a bond, this could result in being detained for the duration of your removal proceeding. Call us to discuss the matter with an experienced Phoenix immigration lawyer. We will provide you with accurate information applicable to the issues in your case.

What is an Immigration Bond?

An immigration bond acts as a guarantee that if you are released after being detained for possible deportation, you will attend any hearings that are scheduled in your immigration case. It also serves as a promise that you will obey any orders of the judge while the case is pending. Once out on bond, your deportation case continues. If you miss a court date, that fact alone could lead to an order for your deportation.

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Am I Eligible to be Released on Bond?

Assume you have been detained by immigration officials (usually from the office of Immigration and Customs Enforcement (ICE)). The first question you need to answer is whether you are eligible for a bond order allowing your release from detention. In some cases, ICE will make a bond determination, including the amount of the bond required. In other cases, eligibility for and/or the amount of the bond will be decided by an immigration judge.

Assuming a bond is not set at the outset of your detention, or if you do not agree with the decision by ICE, you will have the opportunity to request a bond hearing by an immigration judge. The first issue to be addressed is whether you qualify to be released on bond.
As in the case of bail bonds in criminal cases, the general rules are that – with certain exceptions listed below – you may be eligible for release from detention on bond if:

  • You do not pose a danger to the community, and
  • You are not a “flight risk.”

There are, however, additional restriction that could limit a person’s ability to obtain release on an immigration bond. An immigration judge may not order that you be released on bond if, for example:

  • You entered the US without presenting yourself at a border crossing or port of entry and were therefore not lawfully admitted into the country.
  • You pose a threat to national security, including committing acts of terrorism, espionage, and similar activities.
  • You committed certain crimes while you were in the United States (among them fraud, certain drug crimes and violent crimes, etc.) and were release from custody after 1998.

While some people fall within one or more of these categories, most detainees do not, and they are therefore eligible to apply for release on bond.

Preparing for a Bond Hearing

The importance of being released on bond cannot be overstated. The alternative could mean that you may remain detained until your deportation case is concluded. Accordingly, you want to make the most of the hearing, which includes convincing the judge that you are entitled to be released on bond.

Keeping in mind that the burden of proof at a bond hearing is on the detainee, it is important to convince the judge that you are neither a flight risk nor a danger to the community. Evidence of these facts can come in a variety of forms, including, among other things, letters from friends and family discussing your good moral character; information about your ties to the community in which you have been living, including the presence of family members and your employment; copies of the birth certificate(s) of an of your US-born children; a copy of your marriage certificate if your spouse is in the US legally; letters detailing rehabilitation if you have a prior documented history of substance abuse or related crimes; etc.

Phoenix Immigration Bond Attorney

The process of having a bond hearing scheduled, obtaining a reasonable bond amount, and achieving a successful result requires both extensive knowledge of immigration law and experience representing clients who have dealt with the issue. At Castañeda Immigration Law, we believe this is an area where aggressive representation is essential. Remember that the stakes are high. Failing to obtain a release on bond means that your detention will continue through the end of your deportation hearing. Call our office to obtain the help you need.

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    Immigration Lawyer
    4001 N 3rd St. Suite 405, Phoenix, AZ 85012


    Castañeda Immigration Law: The content on this website is for general information purposes only. Nothing here should be taken as legal advice for any case or situation. This information is not meant to create, or viewing this content does not constitute, an attorney-client relationship.

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