The immigration bond is available to individuals who are not considered “arriving aliens”, terrorists, or criminals. If the applicant is in ICE custody, then only ICE can set the bond. Another option that may occur is “a order of recognizance.” Recognizance is a specific measure in which the individual has been deemed responsible to later attend court hearings when summoned. The individual under “order of recognizance” will not be expected to pay a bond, however, the individual is required to attend all Immigration Court hearings.
If a bond has not been provided by ICE, the individual has the ability to file for a “bond determination hearing” in front of an Immigration Judge. The individual can apply for the bond determination hearing at anytime.
If the bond issued by ICE seems too high, a “bond redetermination hearing” can be filed with an Immigration Judge. However, applicants must take proper precautions because there is a risk of having the bond reset to an even higher amount.
The Immigration Judge considers the following aspects when determining bond amounts:
- Criminal Background
- Committed any immoral acts
- Family relations in the U.S.
- Ability to pay the bond
- How the individual entered the U.S.
- How long has the individual stayed in the U.S.
- Involvement in the community
- Relief from Removal Eligibility
A bond will never be below the amount of $1,500.00. Once the bond is set, the individual may appeal the Immigration Judge’s decision. The appeal is obligated to be filed to the Board of Immigration Appeals.
If the individual is still unsatisfied with the bond set by the redetermination hearing, another one can be scheduled. Though, it can only be filed if the case has changed significantly since the last hearing.
Remember, the individual’s bond case is completely separate from the immigration case. Even if the individual is released on bond, he/she is still mandated to attend the Immigration Court hearings. The immigration case continues on.
VisaNation Law Group’s attorneys will prepare and file the necessary Motion for a Bond Hearing on your behalf. Their attorneys will represent you at the hearing with all supporting documents that merit your release on bond.