My boyfriend is awaiting his master hearing which is in about 2 weeks. His lawyer asked for a bond hearing but they said "they didn't do that anymore", and he would just have to wait until his master hearing. He came here with a VISA, just over stayed it. He also has US citizen children, and we are planning on getting married when he gets released. Will he get a bond set when he has his master hearing? Or will he have to ask the judge at his Master Hearing about getting a Bond Hearing? He is in Livingston,TX at the moment, but was transferred from Houston,TX. He was arrested for driving with an invalid license, a felony, but got it reduced to a Failure to present ID,a class C misdameanor. Any advice will help.
He must request a bond hearing. The judge will not hear the merits of his bond request at a Master Hearing and schedule it for a contested hearing unless the government agrees to a bond at the hearing.
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I agree with my colleague.
The answer to this question is general in nature and is based on the limited facts presented in the question. This answer does not create an attorney-client relationship and no such relationship will be formed with Mr. Yakzan until a formal consultation is conducted at his office.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law