Being detained by a United States immigration officer is a frightening experience. The best way to get out of a detention center and back home with your loved ones is to post bond.
To do this, you would need to request a bond hearing from the immigration judge. Unfortunately, though, not every detainee is eligible for a bond hearing.
If you or someone you know is planning to request a bond hearing in the greater Houston area, you should do so through the guidance of an experienced immigration attorney at The Gonzalez Law Group. We will strive to protect your rights and achieve the best possible outcome for your situation.
Our firm assists clients in the greater Harris County area including Pearland, Baytown, Seabrook, La Porte, Pasadena, Galena Park, Friendswood and numerous others. Call us today at (832) 530-4070 or submit your information in our online form for a free case consultation.
Overview of Immigration Bond Hearing in Houston, TX
- Who is Eligible for Release on Bond?
- How to Request a Bond Hearing
- What to expect from an Immigration Bond Hearing
Who is Eligible for Release on Bond?
Whether or not a detainee is eligible depends on factors such as their current status in the United States and the reason they were detained. An immigration judge will not be able to grant bond if you fall under any of the following categories:
- You have not been lawfully admitted into the United States
- You are classified as an “arriving alien”
- You have committed certain crimes in the United States such as crimes of violence, theft, fraud and drug possession
- You have engaged in activity that threatened the national security of the country such as attempts to overthrow the government, espionage, sabotage or related terrorism activities
Falling under any of the mentioned categories classifies you under mandatory detention. No matter how great the case for staying in the United States, once-classified under mandatory detention, the immigration judge cannot allow for a detainee to be released on bond.
How to Request a Bond Hearing
If you are in an immigration detention center waiting for the removal proceedings, you can request a bond hearing from the immigration judge. You can do this in two ways: orally or written.
You can make an oral request for a bond hearing during your first court appearance. However, if you are in detention longer than a few days without receiving notice of a hearing, you can submit a written request for a bond hearing.
Your best option, though, is to hire an experienced immigration attorney who is able to prepare and submit a written motion for a bond hearing in a timely manner.
What to Expect from an Immigration Bond Hearing
There are a number of things that could happen when someone is detained because of their illegal status. The first time an undocumented immigrant is detained by an immigration officer, they will be assigned an alien number.
The Immigration and Customs Enforcement (ICE) will determine whether a detainee is eligible for an immigration bond hearing. If ICE doesn’t agree to bond, the detainee will have a hearing in front of an immigration judge. The decision made at the immigration bond hearing will depend on the reason for the detention and a number of other factors.
For simple issues such as overstaying a visa or having a minor criminal conviction will usually result in the bond being set if the detainee is not considered a flight risk.
The bond is used to ensure the individual will appear at their next immigration court hearing. If the detainee’s immigration violation was the result of a criminal conviction, an attorney will need to prove to the court the detainee is not a threat to the community.
Additional Immigration Bond Hearing Resources in Houston, TX
Frequently Asked Questions on Removal– Follow this link to the U.S Immigration and Customs Enforcement website to view frequently asked questions regarding removal from the United States. Other FAQs include what is needed to return to the United States, what if your country will not issue you a passport and who to contact for status on returning to the United States.
Apprehension, Custody and Detention | Code of Foreign Relations 1236.1 – Read the section of the CFR that governs detention of illegal immigrants in the United States. The section establishes criminal immigrants that are eligible or ineligible for release and appeals to the Board of Immigration. The CFR is the codification of the general rules and regulations published by the Federal Register by the executive department and agencies of the U.S federal government.
Lawyer for Immigration Bond Hearing in Houston, TX
If you are in the need of requesting an immigration bond hearing in the greater Houston area, you should contact the experienced immigration attorney at The Gonzalez Law Group right away. Our firm will do everything it can to try to get you or your loved one released from an immigration detention center.
Call us today at (832) 530-4070 or submit your information in our online form for a free case consultation. We assist clients with immigration issues in greater Harris County communities that include Pearland, Baytown, Seabrook, La Porte, Pasadena, Galena Park, Friendswood and numerous others.