Welcome to The Immigration Answers Show!
ICE has been detaining people at record numbers. Today we talk about whether or not you may be eligible for a bond while you are detained.
Feel free to submit any questions you have at https://immigrationanswershow.com/FQ1 or email them to info@hackinglawpractice@gmail.com
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Transcript
[0:00] This is the immigration answers show with Jim hacking episode number 27.
[0:05] Welcome to the immigration answer show with your host immigration lawyer Jim hacking.
In each episode Jim will answer your questions about the u.s. immigration system. Discover why the New York Times, The Wall Street Journal, National Public Radio and Buzzfeed.com have all featured Jim and get the help you need navigating our complex immigration laws. Now onto the show.
[0:32] Welcome to the immigration answers show where we answer your immigration questions 3 days a week you’ve got questions and we’ll do our best to answer them every Monday Wednesday and Friday.
Can I get out on bond if I’m facing deportation?
Immigration and Customs Enforcement has been detaining people at a record rate,
the numbers are way way up lately and so that has resulted in a lot of people being placed in removal proceedings and some of them are detained.
And so we’ve had a lot of questions and today’s question comes from Moh who’s wondering can I get out on bond if I am facing deportation and if ice is taken into custody.
[1:09] So let’s think about this for a minute first of all it’s important to note that not everybody who faces deportation has to go to immigration detention.
That is set aside for people who committed crimes or other serious offenses and immigration Customs Enforcement or the immigration judge thinks that you are.
Not sitting out a person to be allowed into the community that for the safety the community that you should be detained that’s one of the reasons that you can get the tape and so.
When you get put in the deportation proceedings to receive something called a notice to appear and that’s a document the list why the government thinks that you should be deported and one of the other things that you should receive as a bond determination so.
Immigration Customs Enforcement is the agency that comes out and initiates the proceedings they serve that notice to appear on the alien and they also make a determination as to whether or not they believe the person is eligible for a Bond.
I’ve been hearing rumors lately that ICE is doing a lot less of that but they’re just sending everybody to see the immigration judge and the problem there is that it usually takes 2 or 3 weeks depending on how busy the Immigration Court is.
To get to see the immigration judge in the Kansas City court that we deal with a lot we’re seeing two or three weeks before someone can get to see the judge so the first thing to keep in mind is that you want to hopefully.
Get bond from immigration Customs Enforcement from the officers themselves they have the authority if they choose to use it to allow you to get out on Bond and they can set the bond.
And then you have family members or someone else you can come down and pay the bond so that you do not have to stay in Immigration detention.
[2:48] Immigration detention is not a fun place to be as you might imagine.
How many places are located far away from where the individual usually lives which means it’s hard for lawyers or family members to go see that person so being an immigration detention is not fun.
[3:02] Another thing to keep in mind is that some people are subject to what’s called mandatory detention.
Mandatory detention is for people who have committed certain crimes and are there for statutorily ineligible.
What does that mean, statutorily ineligible? What that means is that back in the late 90s late 90s President Clinton signed a bill that said that if you are detained for certain crimes then you cannot get out on bond the judge can’t let you out on bond ice can let you out on Bond and your subject to mandatory detention that means.
You’re going to be sitting in Immigration detention.
From the start of the proceedings until you finally have your merits hearing at the Immigration Court in other words the entire deportation process.
[3:45] But if you’re not so between Android attention you’re going to have a chance to ask for bond from the immigration judge and the judges have a lot of leeway in determining whether or not they give bond.
If you’re not subject to mandatory detention and they can set it at what the what amount they want it has to be reasonable and there are certain parameters for that.
But for now what you need to know is that you’re going to have basically two chances to obtain bond to get out of immigration detention while your case is pending one is with immigration Customs Enforcement.
And the other is at a bond hearing with the immigration judge and it a bond hearing.
The government might take a position that you should not be allowed on a bond even though you’re eligible and you and your attorney or you by yourself will be arguing that you should be eligible for bonding you want to show reasons why I like.
But you are supporting your family that you are not a safety risk that you’ve not committed serious crimes.
That is not real hardship on your family for you to be held in Immigration detention and so for that reason you ask the judge to allow you out on immigration bond.
You didn’t pay the bond at immigration Customs Enforcement.
And that bond is used to make sure that you keep returning to court so if you miss Court you’re going to Forfeit that Bond and then immigration Customs Enforcement going to come and get you and they’re probably not going to let you out on bond again so it’s real important if you do get Bond,
they do go ahead and keep making all your court appearances getting a good bond in a bond determination is not something that’s very easy for most people you probably want to work with an experienced immigration lawyer somewhere in the country.
If you have any questions about Bond about immigration bond in detention if you’re facing deportation or someone you care about is and you and you need help you have questions make sure to give us a call at 314-961-8200 you can email us at hacking law practice.
[5:28] We hope you found this immigration answer interesting and helpful we look forward to answering more of your questions in the future.
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If you have an immigration question that you’d like answered on the show head on over to immigration answer show.com backslash fq.
That’s www. Immigration and sir show.com fq and will try to answer it on an upcoming episode.
[5:59] Thanks for listening to the immigration answer show with Jim hacking be sure to visit us on the web at immigration answers show.com if you have an immigration related question please send us an email.
Questions at immigration answers show.com we look forward to serving you on our next episode and remember the answers provided on the show are of a general nature,
the show does not constitute legal advice and no attorney-client relationship is formed,
if you have specific questions about your situation be sure to consult with an experienced immigration lawyer.