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.
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.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Domestic violence arrests and possible conviction can creat major issues for an immigrant. It is best to hire an attorney as soon as possible.
Alexus P. Sham firstname.lastname@example.org (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
He may be subject to mandatory detention, and the this ineligible for a bond. At this point, you need to consult with an immigration attorney to discuss strategies for relief from removal, such as cancellation of removal.
Yes your husband can request bond. He should have an attorney.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.
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.
This answer is designed for general information only. The information presented here should not be construed to be formal legal advice nor the formation of an attorney-client relationship.