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If a person is detained by Immigration and is then transferred to Georgia, are they automatically set a bond? How long does it?

Greensboro, NC |

If a person is detained by Immigration and is then transferred to Georgia, are they automatically set a bond? If so, How long does it? If not what are the next steps to get a bond set?

Attorney Answers 3


  1. Bonds are not automatic but if the circumstances are ok, then ICE can and usually will set a bond. Time frames in GA I cannot answer as each ICE office operates differently.


  2. Bond will not be set if the person in question is subject to mandatory detention (INA s 236)
    -Dan

    This answer should not be construed as legal advice and should not be relied on to take any action whatsoever; neither does it create a lawyer-client relationship.


  3. If you can get to an ICE officer before the person leaves NC then you can negotiate a bond assuming the alien is not mandatorily detained. If you file with the immigration court in Charlotte for a bond, they will only hear the case if the alien is in NC at the time of the hearing. Otherwise the immigration judge will deny the motion for lack of jurisdiction. Once the alien is in GA, then the motion for bond is properly before the IJs in Atlanta or Nortn Stewart.

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