Immigration bonds for non-citizens who have been detained by the Department of Homeland Security differ from the regular bonds available to citizens for criminal charges. There are various factors that are used to measure whether or not a bond is issued in an immigration case. If your relative has been detained and wants to be bailed out, here is what you need to know.
How Is the Amount Determined?
The minimum amount of all immigration bonds is $1,500 as of April 2016. How high it goes from there depends on various factors. One factor the judge will consider is what led to your relative’s detainment. Reasons, such as committing a criminal act, could result in a higher bail.
The judge also considers the length of time your relative has been in the country and whether or not he has been gainfully employed and established roots in the community. If your relative has strong family ties, this could also result in a lower bail.
What If the Bail Is Too High?
In the event that the amount the immigration judge has set is too high, a request to have it lowered can be made. There are two ways to request a reconsideration of the bail amount.
The first can be done orally by your relative at the time the initial bail amount is set. The chances of having the bail lowered could be impacted by other issues that are being handled by the court in your relative’s case.
However, filing a Motion for Bond Redetermination might be a better method. The motion would prompt the court to schedule a separate hearing to solely consider the bond. If your relative does opt to file a motion with the court, it is important to work with an immigration attorney who is experienced in handling bail proceedings.
What If Bail Is Denied?
Bail is not a guarantee for every case. In some instances, the judge can refuse to set a bail amount altogether.
For instance, if your relative has mandatory detention, it is unlikely that a judge will set a bail amount. Mandatory detention can be ordered for a number of offenses, including suspected terrorist activity or money laundering.
If your relative is denied bond, he or she can ask for a Joseph hearing to ask the judge to re-review the circumstances that led to the mandatory detention. If the judge agrees that your relative should not be considered a mandatory detainee, he or she can set a bail amount. For more information, visit All-Mobile Bail Bonds.