Written by attorney Rusten Carlson Hurd

Immigration Bond Hearings

One of the most difficult situations for immigrants is detention by Immigrations Customs Enforcement (ICE). If you or a loved one is detained by ICE it may be possible to obtain an immigration bond in order to obtain the release of the immigrant during the pendency of further proceedings.

The threshold determination that is addressed in attempting to obtain an immigration bond is whether the immigrant is eligible to request a bond hearing. Generally, immigrants who are not classified as arriving aliens or terrorists are allowed to seek for bond so long as they are not classified as aggravated felons under federal immigration guidelines.

At a bond hearing, the immigration judge will either set a bond or instead determine that the immigrant should not be eligible for bond. The minimum bond amount is $1,500.00, though bonds typically range from $1,500.00 to $20,000.00, or even a potentially higher amount depending on the Judge assigned and a number of other circumstances. In determining whether an immigrant is eligible for bond, an immigration judge typically looks at the following factors:

  1. Whether the immigrant poses a danger to the community
  2. Whether the immigrant is a flight risk due to the family ties to the United States
  3. Whether the immigrant has a criminal history
  4. Whether the immigrant has a history of stable employment
  5. Whether the immigrant is able to pay the bond
  6. Whether the immigrant has been involved in community organizations
  7. The immigrant’s immigration history
  8. Whether the immigrant is eligible for relief from removal or deportation proceedings in immigration court

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