CRIMINAL AND IMMIGRATION LAWYER
The Immigration & Customs Enforcement has the authority to detain any non-citizen that is found in violation of U.S. immigration laws. Immigration violations include Entry without Inspection (EWI), Visa overstay, and commission of serious crimes, such as crimes involving moral turpitude (CIMT) and aggravated felonies.
When a non citizen is arrested and detained by ICE, the document served on the non-citizen explaining the ground for his detention is called Notice to Appear (Form I-862).
If you or a loved one is detained by immigration authorities, or is in State custody and had an ICE Detainer, you need to retain of an experienced criminal immigration lawyer to help you obtain an immigration bond. At my firm, I offer prompt legal assistance to clients that are in custody of immigration authorities or in a county jail with an ICE Detainer. I can file a motion for a Bond with the Immigration Court in as little as 48 hours after being retained.
ELIGIBILITY FOR AN IMMIGRATION BOND
There are several statutory factors that an Immigration Judge has to consider when determining whether a non-citizen should be released from custody with an immigration bond.
These factors include, but are not limited to:
- Length of residence in the United States;
- Family ties;
- Employment history;
- Reason for the detention;
- Financial ability to post a Bond.
Unless the non-citizen is statutorily ineligible for a bond, or he or she is found an immigrant danger for the community, the immigration court will have to set an amount for the Bond that can vary from a minimum of $1,500 to dozens of thousands of dollars. If the court refuses to set an immigration bond, it is possible to file an appeal with the BIA or, in limited circumstances, a petition for a Writ of Habeas Corpus.