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Motion for Bond 101

| Dec 7, 2019 | Immigration Law

If you or someone you know is an undocumented immigrant the fear of being detained and sent to an immigration detention center is constant. We understand this and know that when you or a loved one gets detained, getting out and reuniting with their family is probably their highest priority. A Bond Motion is the tool used to request an immigrants released from detention. In this blog we will go over some of the basics of Bond Motions.

Bond can be set by either the Department of Homeland Security (DHS) or by the Immigration Judge. DHS sets a bond amount upon detaining an immigrant, the information about their decision can be found on ICE Form I-286. If a bond amount is set all that is left to do is to pay the bond. However, if DHS decided not to set a bond, you can request a bond redetermination from the Immigration Judge.

At this point it is highly recommended that you hire an experienced immigration attorney to file a Bond Motion. It is possible to request to be released on bond on your own, but having an attorney’s help makes the process much easier, and gives you the peace of mind of knowing the request is thorough and has been made properly.

The motion for bond that your attorney creates for you will include information that helps the judge decide if you are likely to return for future hearings if released, in other words, that you are not a flight risk. This could include the following:

  • Information about who you will stay with if you are released. Will you return to your own home? Stay with relatives?
  • Information about whether or not you have U.S. citizen or Lawful Permanent Resident relatives.
  • Information about your life before being detained. Did you have a steady address? A steady job?
  • Information about your criminal history, if any. If you do not have a criminal history for example if you were detained not because of a crime, but for some other reason (for example, if ICE agents entered your home looking for someone else), it shows that you are not likely to be a threat to society while released.
  • If you were detained for a crime, you still may be eligible for a bond. Your attorney will have to look at the criminal conviction to determine your eligibility for a bond.

After submitting to the Court you Bond Motion, you will have a hearing in which your lawyer will present your evidence. This hearing is less formal than other immigration proceedings and the evidence submitted for with your Bond Motion is considered separate from the rest of the proceedings. During the Bond hearing, the judge will make the decision as to whether or not to grant you a bond.

Who can help me?

If you or a loved one have been detained, we understand the fear and panic you are experiencing. We want to partner with you as you face this situation. Our goal is to get you reunited with your family as soon as possible. We will represent you fiercely as we follow the legal path to do so. Contact Rotella & Hernandez today at 305-596-3618 to get started.

 

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