If a friend or relative has been taken into custody by U.S. Immigration and Customs Enforcement (ICE), he or she might call you for help getting released on bond. At this point, the most important thing to do is contact an immigration attorney to help your relative protect him or herself.
Saenz-Rodriguez & Associates have been practicing immigration law exclusively for more than 20 years. Our immigration lawyers are experienced with immigration bail/bond hearings in Dallas, Texas, and will try to locate the jail or ICE detention center where the detainee is being held to request a timely bond hearing.
Immigration Bail/Bond Hearings And Release On Bond
Although everyone is entitled to a bond hearing to determine if he or she is or is not subject to continued detention in jail, there is no guarantee that the immigration judge will agree to release the person on bond. Select crimes are barred from bond by U.S. immigration law. These are referred to as "mandatory detention" cases. In some circumstances, an immigration lawyer can ask the immigration judge to reconsider the mandatory detention determination.
With lesser crimes and misdemeanors, the bond hearing is usually held within a few days of the date of arrest. The judge will take into consideration many factors when determining whether to grant a bond and at what amount the bond should be set. If the detainee is perceived to be a "flight risk," it is unlikely that the judge will grant a bond, even if the charges are minor. The intent of the bail bond system is to ensure that the person in custody returns to court for scheduled hearings and does not leave the jurisdiction of the court.
Types Of Bonds: Voluntary Departure And Delivery Bonds
There are two general types of bonds: voluntary departure bonds and delivery bonds. Voluntary departure bonds allow the detainee to leave the U.S. at his or her own expense and within a specified period of time. Failure to comply is a federal offense and results in forfeiture of the bond.
With delivery bonds, the judge determines the amount of the bond based on the severity of the crimes in question. To be released, the individual must pay the full amount in cash, and can retrieve this money when he or she appears for the scheduled court date. If the detained person fails to show up for a hearing, the person will be detained and cannot recover the money pledged for the bond. Delivery bonds are typically set very high, making them difficult to afford.
If Someone You Know Has Been Detained
Contact Saenz-Rodriguez & Associates as soon as possible after learning that a friend or family member is being held by ICE. We will immediately obtain the documents to understand the charges and request a hearing and release on bond. Call 214-646-1208 or 800-490-7212.
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