My husband has his first immigration hearing. He is currently being held by ICE. What happens in this hearing? Can he ask for a bond? He has no prior criminal history besides the charges he is in there for domestic violence 273.5. He is a resident alien. We have 2 daughters that are citizen and I'm a citizen as well.
Immigration removal proceedings can be very complicated and competent counsel is usually required to navigate through the process, especially when criminal charges are involved. For example, bond requests are heard during "Bond Proceedings", which are separate from "Removal Proceedings". Generally, a request for bond hearing must be made, otherwise the Judge will not hear a bond request during regular master hearing in removal proceedings.
Depending on the criminal charges, he may be subject to mandatory detention. If he is not found subject to mandatory detention, the Immigration Judge can set a bond so long as he is not an arriving alien. His family ties to the U.S. are certainly a factor the court will consider in determining whether he is a flight risk.
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