Now that the Obama Administration is detaining more individuals than ever before, bonds and other alternatives to detention have become very important.
A person who is detained by the Department of Homeland Security may be eligible to request or move that the Immigration Court set a reasonable bond. The minimum bond amount that the Immigration Court can set is $1,500.
An individual who has previously been admitted to the United States, or a person who entered without inspection, is eligible for bond as long as they are not subject to mandatory detention based on a criminal conviction. An arriving alien, who is someone that is applying for admission to the United States, is not eligible for bond. Ineligibility for bond based on mandatory detention or the allegation that a person is an arriving alien can be challenged in Immigration Court.
Once a motion for bond redetermination is filed with the Immigration Court, the Court will set a bond hearing. At the bond hearing, the Court will hear testimony and review evidence. The Immigration Court will make a determination as to whether the person seeking bond is a flight risk or a danger to the community. In a bond hearing, the Immigration Court will review a person's criminal history and determine eligibility for relief from removal. The Court will also look at other factors such as ties to the community and humanitarian equities to make a bond redetermination. The Immigration Court's decision at a bond hearing can be appealed to the Board of Immigration Apppeals.
For more information about Bond Motions, contact Revilla Law Firm for a free in-office consultation at (305) 858-2323.
About Antonio Revilla
Antonio Revilla is a Former U.S. Immigration Prosecutor and Miami Immigration Lawyer. Mr. Revilla founded his immigration law practice, Revilla Law Firm, when he saw a dire need for aggressive immigration representation and deportation defense in order to keep families united.
Mr. Revilla has dedicated his career to educating the public on the importance of immigration reform in our country. He has appeared on television to discuss various immigration issues and the benefits of passing bills such as the DREAM Act.
If you wish to receive more information about any immigration issue, you can contact Revilla Law Firm at 305-858-2323 to speak with Antonio Revilla. He can also be reached via email at arevilla@immigrationmiami.com or by phone (305) 858-2323.