Detention, Bonds, Release on Parole and Orders of Supervision
The immigration enforcement authorities have always had the power to arrest and detain aliens whose presence in the country is thought to be unlawful. Such detention power is not penal in nature but civil. If you or someone you know is in removal proceedings (deportation) and are being held in custody, you may be able to post a bond in order to be released. To get the help you need with this matter, we recommend that you contact our offices to schedule a consultation with us. Our practice focuses on bond proceedings and deportation defense and we have been able to help hundreds of individuals in detention.
Removal proceedings, initiated by ICE (Immigration and Customs Enforcement), can take a very long time, sometimes years. If you are being detained, which is the first step in the removal process, you will be held in custody at an ICE facility. If you were detained within the U.S. and not at the border, then your case is generally held in a U.S. immigration court and you may eligible for an immigration bond, which will allow you to be released while your case progresses. The immigration court will consider a bond request and grant a bond request unless there is reason to believe he or she is likely to abscond. Obviously, in such cases, a criminal history is relevant in considering whether to detain or release on bond, as well as any pending criminal charges.
An immigration bond consists of money paid as a guarantee that you will appear at all of the proceedings which follow concerning your case. If the alien fails to surrender or fails to appear in court when asked by DHS, then the money is forfeited. The bond may be posted by family members, friends or a professional bondsman. The amount of the bond will be decided by the court and is generally based on a number of factors, including the reasons why you are being removed, the likelihood of winning your case, and your ties to this country.
The minimum amount of an immigration bond is usually $1,500 but may be many thousands of dollars. It varies from case to case. After a bond is set either by ICE or by an Immigration Judge you can ask for it to be lowered or reduced. We can represent you in bond proceedings.
Not everyone is entitled to or eligible for release on bond. The Immigration and Nationality Act provides that aliens who are deportable or inadmissible for criminal convictions, with few exceptions, are to be taken into custody and may only be released under extremely limited circumstances. INA §236(c). A great deal of litigation has been conducted over the past several years on this issue. Suffice it to say that while there have been some victories in habeas corpus proceedings, most have been in District Courts in other Circuits. While it is difficult to secure the release of any alien with a criminal conviction from immigration custody, we do it frequently.
Locate a detainee (localize a un detenido o arrestado por inmigracion)
Contact GONZALEZ OLIVIERI LLC at (713) 481-3040, or contact us online today. We can help you get your family members and friends out of jail.