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immigration Bond part 1. presented by Thomas Esparza, Jr. Immigration Specialist

Posted by attorney Thomas Esparza

When an individual is detained by the Bureau of Immigration and Customs Enforcement (ICE), a branch of the USCIS, it may be possible for an immigration bond to be posted. There are two types of immigration bonds: the delivery bond and the voluntary departure bond. Under a delivery bond, an individual must be issued a Notice of Custody Conditions and Warrant of Arrest. Not all individuals will have the delivery bond made available to them. Basically a bond is “insurance" that the detainee will show up for their future court date. Usually the judge sets the bond amount depending on the severity of the crime. Once the bond has been posted the detainee is temporarily released. This gives them time to meet with an immigration lawyer who could improve their chances of staying in the United States. While meeting with an immigration lawyer is possible in a detaining facility, it is less convenient and communication is more limited. Therefore, many individuals hope to post bond and be released until their court date. After an individual posts bond and shows up for their court date the amount of the delivery bond is returned. However, if an individual fails to show up for the mandatory court date then the delivery bond is forfeited, and the individual who was supposed to show up at court is in even more legal trouble. The second type of bond that may be available is the voluntary departure bond. In this type of case the immigration judge grants voluntary departure. This means that the individual has agreed to leave the country at their own expense and within a specific period. The voluntary departure can be granted before the removal proceedings even take place or before the proceedings have been completed. A voluntary departure bond is posted as a “guarantee" that the individual will leave the U.S. within the time agreed. If they fail to do so, the voluntary departure bond is forfeited and additional legal trouble ensues.

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Thomas Esparza, Jr.
Board Certified Specialist
Immigration and Nationality Law
Texas Board of Legal Specialization
1811 South First Street, Austin, Texas 78704
34 years experience

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