When a person is apprehended and subsequently detained by US Immigration and Customs Enforcement (“ICE”) for violation of US immigration laws, an immigration bond will initially be granted or denied by ICE. If eligible, and by posting the bond amount, the detainee could be released from immigration detention on bail.
It is important to know that ICE, the U.S. Immigration and Customs agency, is not the final authority on granting or denying an immigration bond. A detained individual or his/her attorney can appeal the initial denial of bond by ICE to an immigration judge. The immigration judge will then schedule a formal immigration bond hearing to decide whether bond will be granted or not.
Assuming that ICE would not appeal the judge’s decision later on, requesting an immigration bond hearing after the denial by ICE will likely be the most effective way to get an individual released from detention as soon as possible.
What happens if ICE initially denied bond? How to proceed to get an immigration bond hearing?
If you or someone you know is in custody of US immigration and got initially denied bond by ICE right away, a formal request needs to be made for a bond hearing. Following the request which should be made by the detained or his/her lawyer, a judge will schedule a formal immigration bond hearing.
It can happen that ICE subjected the alien to mandatory detention. If this is the case, the judge will at first determine whether the alien is eligible for bond.
The judge will look at the individual case to first assess whether there is risk of flight or any kind of danger by releasing the individual from detention. If the alien is found eligible for bond, the judge will determine an appropriate bail bond amount. Several factors will be a factor in the judge’s decision:
The judge will look into the alien’s history to see whether there are any serious convictions. He will also consider the alien’s community and family ties to the United States, as well as the financial situation of the alien and his/her family, along with several other factors.
After looking at above listed factors, the bond determined by the judge in the immigration bond hearing could vary depending on the individual circumstances such as risk factors or previous criminal offenses.
If you or someone you know got denied bond right after apprehension by U.S. Immigration and Customs Enforcement, it is important to get fast and proper legal assistance as soon as possible.
Only with the proper understanding of the complex US immigration laws and a good knowledge of all the required legal procedures, chances can be increased so that bond will be granted and the detainee be released from custody as quick as possible if they are eligible for bond.