If you’re faced with possible deportation by way of an immigration trial, your number one priority will likely be getting out of the detention facility so you can see your loved ones and prepare for your defense. Similar to criminal trials, immigration courts allow detainees to initiate bond hearings so that their case may be heard for release on bond. Bond is simply money or assets you give to the courts as collateral to ensure that you show up for all hearings. The bond will be kept by the government if you do not complete your obligations with the court (showing up to hearings, etc.).
You Need to Ask For a Bond Hearing
A bond hearing is not considered a formal part of your immigration trial, but you should still take the hearing seriously by retaining an experienced immigration attorney. To receive a bond hearing, you may either request one at your Master Calendar Hearing or through a written motion filed by your attorney. Depending on the court’s docket, your bond hearing and master calendar hearing may occur in the same day. However, if you want more time to prepare, you may petition the judge to reschedule your hearing.
How Can I Improve my Chances of Receiving Bond?
Your attorney will be able to work with you and determine the best strategy for arguing in favor of a bond, but there are a few universal factors that judges consider at the hearing. If you can show you are not a danger to the community or a flight risk, your chances of receiving bond increase. Prior convictions do not work in your favor at the bond hearing, nor does uncooperation with ICE agents who brought you into custody.
Who May Not Receive a Bond Hearing?
The judge presiding over your master calendar hearing will determine whether or not you are even eligible to be released on bond. If you did not show documents to border officers when you entered the country, you will typically not be eligible for bond. Prior deportations will automatically make you ineligible for bond. Certain crimes, like drug possession or violent crimes, also make you ineligible.
Conclusion
While not technically a formal hearing related to your immigration trial itself, the bond hearing is an important event that goes a long way toward yours and your family’s well being while your status is pending. There are several ways you can increase your chances of receiving bond, but the best way is to enlist the services of an experienced and caring immigration law attorney. Get in touch with RelisLaw today so we can discuss your options.
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