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Immigration Bond Hearings

Immigration Bond Hearings

PUBLISHED ON: December 26

A Chicago immigration bond hearing lawyer is the first person you should contact when you have been scheduled to show up for such a hearing. Making mistakes or compromising your case can occur if you are late, ignore the immigration bond hearing notice or have other challenges in your case. It is strongly recommended that you consult with a Chicago immigration bond hearing lawyer to ensure that you are fully prepared for this hearing and minimize your chances of problems or unnecessary delays.

During an immigration bond hearing, the immigration judge is responsible for exercising their discretion to determine whether or not someone should be released from detention after a bond has been paid. One of the most overwhelming and frightening experiences for any person who has been picked up by US immigration officers is trying to figure out what happens next.

Trying to get out of the detention facility and return home is a top priority for anyone in this position. One way to remove yourself from the detention facility quickly is to pay a bond. This bond is much like a bond in criminal cases in which an amount of money is submitted upfront that allows a person to be released from detention with assurance to the court that that person will appear for future court proceedings. If you do not appear for your future court hearings after paying a bond and being released from the detention facility, the US government will keep the money rather than returning it to you.

Furthermore, the bond will be revoked. It is important that you discuss with your Chicago immigration bond hearing lawyer what you can expect and the importance of returning to court for future hearings. If you are able to appear at all hearings and comply with any orders issued by the court, including orders to leave the country if that is applicable in your case, any person who paid the bond at your immigration bond hearing will receive the money back. You can discuss the specifics with your Chicago immigration bond hearing lawyer.

What It Takes to Request a Bond Hearing?

If you are currently awaiting removal proceedings while in immigration detention, you can request that the immigration judge give you a bond hearing. This can be through a written motion or orally. At your first scheduled court appearance which is known as a master calendar hearing, you can make the oral request. In the event that you have been held in detention for the course of several days without getting notice of a hearing, however, you can initiate a written request for a bond hearing.

One of the most important things you can do for your entire case is to hire a dedicated and experienced Chicago immigration attorney who can put together a thoroughly written motion for a bond hearing. It can be very difficult to prepare a request like this on your own and you can increase your chances of success in receiving the bond hearing by partnering with a Chicago immigration lawyer.

Release On Bond Eligibility

Not every alien who has been detained is eligible to receive a bond order. There are multiple different elements that influence your status, meaning that you could be detained for the duration of any removal proceedings based on the reasons that you were picked up and your current status in the US. No immigration judge has the authority to provide you with a bond if you fall into any of the following categories:
• You have committed certain crimes while in the United States, such as fraud, violence, theft or drug possession or sale.
• You have been involved in any activities that threaten the US Government’s national security, such as sabotage, terrorism or espionage.
• You were never lawfully admitted to enter the United States.
• You are categorized by the government as an arriving alien, such as a non-citizen that is coming to the United States after a trip abroad.

Being placed in any of these categories will immediately classify you as under mandatory detention. Regardless of how strongly you make your case or the amount of bond that you are willing to pay, the immigration judge is not eligible to allow your release if you fall into those categories. If you disagree with the determination made by an immigration judge that you do not qualify for a bond order, you can request something that is known as a Joseph hearing. This is a point at which you and your Chicago immigration attorney will present evidence that shows that you are indeed eligible for a bond.

What to Expect at an Immigration Bond Hearing?

It is important to remember that a master calendar hearing is different from an immigration bond hearing, but these two hearings can occur on the same day. Here is what you can expect:
• You will be transported by immigration officials to your bond hearing.
• You will appear through a video link if you do not have an immigration court on site.
• You will appear to the court wearing federally issued clothes and shoes and be informed by security guards about how to wait for your turn.
• You will not be able to interact with any family members who have to come to support you at the hearing.
• The immigration judge will begin the hearing by reviewing your immigration status and verifying that you are eligible for a bond.
• The immigration judge will then determine whether or not you should be granted the bond. The judge will weigh any evidence in the record to identify whether or not you are a danger to security or safety of the country or a flight risk.
• The immigration judge will ask you or your Chicago immigration bond hearing lawyer questions about your employment, previous criminal history or family ties. The judge will evaluate any evidence submitted, including past arrest records to determine this. The minimum bond that an immigration can set is $1500, but there is no cap on the maximum amount of this bond. Furthermore, the Department of Homeland Security has discretion to object to the bond amount listed by the immigration judge and might even request a higher amount.

You will receive a written order if the immigration judge grants you a bond. This written order will explain that a bond has been granted and list the total amount. Your master calendar hearing will usually be rescheduled at the conclusion of a bond hearing. Set aside time to talk to your Chicago immigration lawyer by consulting with him or her prior to your immigration bond hearing.


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