Immigration Bond Hearing
Immigration Bond Hearing
During the initial period of the Trump administration, immigration arrests and deportations have increased substantially. One of the most difficult situations for immigrants and anyone who cares for them is when an immigrant is detained by Immigrations Customs Enforcement (ICE). If a family member, friend or loved one has been arrested and detained by ICE, he or she has the right to contact an immigration lawyer. At Colombo & Hurd, PL we may be able to intervene in order to seek freedom from immigration detention. The threshold determination that is addressed in attempting to obtain an immigration bond is whether the immigrant is eligible to request a bond hearing.
When Can an Immigrant Seek an Immigration Bond Hearing?
Before an immigration bond hearing can be held, an immigration judge must first determine whether an immigrant is eligible to request such a hearing. As a general rule, immigrants are eligible as long as they do not fall into one of the following categories:
- Arriving alien;
- Aggravated felon;
- Have multiple crimes of moral turpitude; or
- Have certain controlled substance violations.
Each of these terms have specific legal meanings under federal immigration guidelines. If you are eligible to request a bond hearing, then your deportation lawyer in Orlando can file a Motion for a Speedy Bond Hearing and schedule the hearing for as soon as possible before an immigration judge.
Where Will the Immigration Bond Hearing Occur?
There are four primary Immigration Detention Centers located in Florida. For immigrants detained at the Krome Service Processing Center located in Miami, Florida there is an Immigration Court facility located within Krome where three immigration judges sit to hear bond determinations as well as the deportation cases if the foreign national is unable to obtain bond. The Glades County Detention Center is located in Moore Haven, Florida and the detainees at that location are transported to Krome Detention Center for Immigration Court and Bond hearings. Broward Transitional Center located in Deerfield Beach, Florida is one of the most difficult immigration detention facilities from which to obtain an immigration bond. Although the detainees at the facility generally have minor or no criminal history, the Court at the facility has historically refused bond on a significant number of cases and, even when bond is granted, a high amount may be set.
The Baker County Detention Facility is located in Macclenny, Florida and does not have a Court within the facility. Instead, bond hearings from Baker County are performed via video teleconference at the Orlando Immigration Court. Currently, Judge Karden and Judge Lippman at the Orlando Court are handling most detained bond hearing but the Judges assigned to these hearings have rotated over the years and is subject to change. Our deportation defense lawyers have extensive experience handling bond hearings at Krome, Broward Transitional Center (BTC) as well as the Orlando Immigration Court for Detainees at Baker and consult with detained clients and their families on a weekly basis concerning the best strategy to employ to obtain bond.
What Happens at an Immigration Bond Hearing?
At an immigration bond hearing, an immigration judge will do one of two things: set a bond or determine that the immigrant is not eligible for bond. This decision is based on a number of factors. Your deportation defense attorney will represent you at your bond hearing and will present evidence on your behalf to demonstrate your eligibility for bond. In determining whether an immigrant is eligible for bond, an immigration judge typically looks at the following factors:
- Whether the immigrant poses a danger to the community
- Whether the immigrant is a flight risk due to the family ties to the United States
- Whether the immigrant has a criminal history
- Whether the immigrant has a history of stable employment
- Whether the immigrant is able to pay the bond
- Whether the immigrant has been involved in community organizations
- The immigrant’s immigration history
- Whether the immigrant is eligible for relief from removal or deportation proceedings in immigration court
If an immigration judge decides to issue a bond, then the minimum bond amount will be $1,500. Bonds may be set as high as $20,000, or at an even higher amount, depending on the facts of the case. If bond is issued, then the immigrant is released from custody pending the outcome of the deportation or removal proceedings. If an immigration bond is issued, be sure to stay in regular contact with your Deportation Defense lawyer regarding the status of your case.