If someone present in the United States is a non-citizen, and they are arrested for or convicted of certain crimes or violation of the immigration laws, that person faces the possibility of being arrested and detained by Immigrations Customs Enforcement (ICE) for possible removal (i.e., deportation) from the United States.
If your friend or loved one has been arrested and detained by ICE, they have the right to talk to an immigration lawyer about their case, and are usually eligible for an immigration bond that will allow them to remain out of detention during their removal case. Talking with a dedicated Lexington immigration lawyer like those at CF Abogados should be your friend or loved one’s first step.
What Is An Immigration Bond?
An immigration bond is like a bond paid in a criminal case. It is money paid as surety — a guarantee — that a person in removal proceedings will appear at all immigration hearings. If a person under an immigration bond does not appear at an immigration hearing, an immigration judge can order them removed from the United States in absentia (i.e., in their absence), and the bond will be forfeited.
An immigration judge will consider whether a person is a danger to the community, whether they are likely to appear at all immigration hearings, and whether they are eligible for relief from removal. The most important factors are a person’s criminal record, including failure to appear at any court hearing and probability of removal relief. A bond can be set as low as $1500, as high as $10,000 or more, or a person can be held without bond. A person can be placed in “mandatory detention” and held without bond for certain criminal convictions.
An immigration bond must be paid directly to ICE at one of their offices, and must be paid by certified bank check or postal money order from the U.S. Post Office. The person posting the bond — the obligor — must have status in the United States and must provide a Social Security number and U.S. government-issued identification.
Get help from An Immigration Bail Bond Attorney.
Is Your Friend or Loved One Eligible for an Immigration Bond?
When ICE arrests someone, ICE generally will set a bond depending on that person’s criminal history. If a person in ICE detention cannot post the bond set by ICE or ICE does not set a bond, a detainee can ask to see an immigration judge for a bond redetermination. An immigration judge looks at many factors before making a decision on the immigration bond. These factors include:
- Does the person pose a danger to the community?
- Is the person a flight risk?
- Does the person have a criminal history?
- Has the person been steadily employed?
- Is the person able to pay the bond?
- Has the person been involved in the community?
- What is the person’s immigration history?
- Is the person eligible for relief from removal proceedings in immigration court?
If the person in immigration custody has been convicted of an aggravated felony, is a suspected terrorist, has committed a non-petty crime of “moral turpitude,” or was found guilty of possession of a controlled substance, they will not be eligible for an immigration bond. An experienced immigration attorney like those at CF Abogados can determine whether someone is eligible for an immigration bond and provide an estimate on the likely amount of bond.
Should My Friend or Loved One Get An US Immigration Bail Bond?
Removal proceedings in Kentucky can sometimes take years to complete. If your friend or loved is in ICE custody, action should be taken now to determine bond eligibility, obtain an immigration bond and secure their release. It is much easier to fight a removal case when someone is out of ICE custody. Non-citizens out of ICE custody are afforded much more time to prepare and present a removal case than those in ICE custody. Non-citizens in ICE custody are much more likely to give up and agree to their removal than those out of ICE custody.
That is why it is so important to speak with a dedicated immigration attorney immediately upon detention by ICE. If your friend or loved one has been arrested and detained by ICE, you need to contact CF Abogados today. They can help you in your efforts to get an immigration bond for your friend or loved one. Call the office today at (859) 971-0060 or fill out our convenient online contact form to GET HELP NOW.