Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.
Any time a person without a legal immigration status in the United States is held by Immigration Customs Enforcement (ICE), there is a possibility they could be released on bond. These cases involve a non-citizen paying cash in exchange for being released from ICE custody until their future immigration hearings. This opportunity could be a sincere relief to detained non-citizens who otherwise face the possibility of spending months in ICE detention.
While a bond hearing may be a possibility for detained non-citizens, there is no guarantee of securing temporary release. In these cases, there is no substitute for support from a compassionate immigration attorney and former ICE trial lawyer like Raphael Ortega. Let a Conroe immigration bond lawyer help you navigate the immigration system and fight for your or your loved one’s rights in ICE custody.
There are multiple ways a person could secure a bond and get released from ICE custody. The first option involves securing a bond from ICE directly. If ICE officers decide that a person is eligible for a bond, they can set the price immediately. This is often the fastest way to get out of ICE custody. Unfortunately, there are many times when ICE will not issue a bond at all or agrees to set a bond with an impractical high price, making it impossible for some detainees to get out of custody even if someone otherwise qualifies.
The good news is that there is a second party that could issue an immigration bond—an immigration judge. A judge could issue a bond or reduce the cost of a bond if they deem it unreasonable. Raphael Ortega understands ICE protocols and could review the specifics of an immigration case to determine someone’s next steps for pursuing a bond hearing.
When an immigration judge agrees to a bond hearing, they consider several factors concerning a non-citizen’s personal history and immigration status. First, the judge must decide if the applicant is a flight risk. A judge will only issue a bond if they believe a non-citizen will appear at all subsequent court hearings, and the judge will typically reject a bond if they believe the non-citizen will flee.
A judge must also take into account whether the person seeking the bond is a danger to the community, at which point the judge has a legal obligation to reject the bond request. The last factor a judge must determine is whether the non-citizen is subject to mandatory detention. In scenarios involving mandatory detention, an immigration bond is not an option—even if the judge is inclined to grant one. There are several situations that call for mandatory detention, like when the person being held in detention is accused of terrorist activity or human trafficking. Other situations that could result in mandatory detention include previous instances of:
If someone is not subject to mandatory detention and is not deemed a flight risk, they are likely eligible for immigration bond. The final step of qualifying for bond involves a judge looking at the underlying immigration case and the types of immigration relief that may be available. Generally, judges are looking for some kind of grounds that would let the immigrant beat a removal case, such as a viable asylum or cancellation of removal claim. A Conroe attorney could help those with loved ones in ICE custody pursue a bond hearing and advocate for a favorable outcome on a non-citizen’s behalf.
If you or your loved one are being held in ICE custody, you may be able to secure temporary release through an immigration bond. To maximize your chances of achieving this result, you should rely on the insight and experience of seasoned legal counsel.
Raphael Ortega understands immigration law and the tactics ICE uses to keep non-citizens detained. He could help you secure a bond and continue with your life while awaiting your immigration hearing. Reach out to a Conroe immigration bond lawyer to get started.
Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.