Our daughter has a detainer and is being held for conviction of drug poss. 5 years ago. Doesn't want to try to get conviction overturned. Can't do cancellation of removal,not here long enough. She was released on Dec.10/10 from DOC after serving 9 mths for probation violation and ICE picked her up. She was told no bond and she'd go in front of a judge in a couple of weeks, is that when she tells the judge she wants to go back to Canada? Her wallet with green card and SSN were lost just before she went to prison and ID expired while she was in there. We don't know if she can get back into Canada without ID other than birth certificate and if she can remain here for a couple of months so we can get her set up in Canada. How do we/she go about asking the judge for bond and departure date
A bond hearing will be automatically scheduled once she is in immigration custody. If she is eligible for voluntary departure, she can tell the judge at the first hearing that she would like bond and voluntary departure. Different judges will impose different standards for cases where they will allow bond in VD cases, but even if bond is denied, you should be able to work with the deportation officer to ensure that she has enough time to get the travel documents she needs to get back home. Of course, she may be in detention while this is being arranged, but generally ICE are fairly flexible in allowing families enough time to put together what is needed to facilitate the alien's return. It's a good idea to attend her first hearing if at all possible--that way the judge can see that she has family in the US who will ensure that she will return to Canada. You may be asked a few questions, or your daughter may just tell the judge that you are in the courtroom when it is her turn, but either way, it will make a positive impression.
She can ask the Immigration Judge for a bond hearing assuming that her conviction does not require "mandatory detention". However, once the Judge orders her removed from the U.S., he/she cannot schedule a departure date. Jurisdiction shifts to ICE to do so.
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