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Can someone in ICE custody get a bond set when they have their Master hearing?

Houston, TX |

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.

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Attorney answers 3


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.

This response does not contitue and attorney client relationship and attorney does not assume any liability for aforementioned response to inquiry until such relationship is formally established.



His lawyer did request a bond hearing, also faxed them over other paper-work, when I asked her about the bond-hearing, she said they told her they, "Did not do that anymore, he has to wait until his Master Hearing." I didnt think this was right as theyre two totally different things. Has this ever happened, where someone didnt get a bond hearing but was set a bond amount at their master hearing? Maybe it could have been his master hearing was so soon after he was in ICE custody. I'm pretty sure the lawyer wouldnt be telling us lies, she was really hopefull about getting him out on bond so it would be easier to talk to who she was defending?


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

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