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What Issues Will Be Addressed in an Immigration Bond Hearing?

Posted on in Immigration

TX immigration lawyerWhen immigrants are detained by immigration officials, they and their loved ones may not only be concerned about the possibility of deportation, but they may be worried about their ability to be released, return to their daily lives, maintain employment, and take care of other responsibilities. In some cases, immigrants may be able to request that they be released, and they may be required to pay an immigration bond. In these situations, a bond hearing may be held, and an immigrant and their attorney will need to provide evidence and testimony showing that they are eligible to be released.

How Can a Person Show That They Are Eligible for an Immigration Bond?

When an immigration judge considers an individual case and determines whether an immigration bond should be granted, they will look at two primary factors: whether the person presents a danger to the community and whether they are a flight risk. When addressing the first issue, a judge will usually look at the person's criminal history and any indications that they may potentially harm others. During the hearing, the immigrant may need to answer questions about previous arrests or convictions, explain what happened in these situations, and show that they will not engage in criminal activity in the future. A person may provide evidence of rehabilitation, such as the completion of a prison sentence or diversionary program, as well as other steps they are taking to remain safe, such as receiving treatment for drug or alcohol abuse.

When addressing whether a person is a potential flight risk, a judge may look at several factors, such as:

  • Length and permanence of residence in the United States - The person may provide evidence showing that they have a home where they habitually reside, such as mortgage or lease documents. If the person has lived in the same community or the same home for an extended period of time, this will show that they will be more likely to remain in the area after being released.
  • Family relationships - A person may provide documentation showing that their spouse, children, or other close family members are U.S. citizens or Green Card holders, which demonstrates that they have strong ties to the United States and their local community. These documents may include birth certificates, a marriage license, and photos or letters showing that they are close to their family members.
  • Employment history - If a person has maintained steady employment, this will show that they will be more likely to remain in the area and continue contributing to their community. Pay stubs, tax returns, or other records proving employment may be presented during a hearing.
  • Other ties to the community - Any other evidence that shows a person has roots in their community may be helpful, such as club memberships, volunteer work, or religious affiliations. Letters of support may be provided by friends, neighbors, or others, and these may discuss how the person has provided support to others and been engaged in their community. A person who has strong ties to others around them will be less likely to flee if they are released on bond.

Contact Our Irving Immigration Bond Hearing Lawyers

If you or a loved one has been detained by immigration officials, it is important to seek the help of an experienced immigration attorney who can help you understand your rights and options. The procedures followed during immigration bond hearings can be complex and confusing, but our attorneys can guide you through every step of the process. We will help you gather and present evidence showing that you are eligible for release, and we will work to ensure that you are treated fairly as you address issues related to detention and deportation. Contact our Addison immigration bond attorneys today at 214-609-2242 to schedule a consultation.

Sources:

https://www.law.cornell.edu/cfr/text/8/1003.19

https://www.ilrc.org/sites/default/files/resources/bond_practice_guide-20170919.pdf

 

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