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Bail in Immigration Court Proceedings


Not all immigration processes take place in front of administrative entities such as USCIS. Many times, these processes are judicial, and many of my clients are in detention centers, waiting for the date to attend immigration court. In today's blog we will be talking about bail in immigration court proceedings. If you or a family member or friend is detained for immigration reasons, know that you will not be assigned an attorney to help you with your case. The right to have a lawyer is only for criminal cases. If you want an attorney to represent you in your legal process, you will need to hire one. If you are detained, you will most likely have a removal or deportation proceeding open. These processes can take years to resolve. If no bail is requested, the detainee will be held in the center, awaiting his court date. Bail in immigration proceedings is similar to bail in criminal proceedings. The bond hearing can be requested orally during any procedure before a judge, or by means of a written motion. The best way to get bail is to show the immigration judge three things: (1) that you are not a danger to society; (2) that you will attend immigration court when summoned and (3) that you have a reasonable defense to your deportation or removal process. It is important, both in your motion and on the day of your hearing, that you have all the necessary evidence to demonstrate to the immigration judge the three points mentioned above. These evidences can be both documentaries, as well as testimony of relatives, friends or trusted people, who are residents or citizens. The decision to grant you bail or not rests solely with the immigration judge. The judge will assess your character in society, your previous arrests, whether you have family ties, and what are the possible defenses to your deportation case. If, for example, you have been arrested previously, for any reason other than immigration, the judge will take those arrests into account to determine if you are a danger to society. To determine if you will attend the following immigration courts, the judge will look at whether you have a fixed place of residence, whether you rent your home, who do you live with, among other factors. DHS may also present different arguments, if it deems necessary that you should not be eligible for a bond. The amount of the bond is also the sole decision of the judge. The minimum amount is $ 1,500, but there is no limit to the maximum amount that the immigration judge can impose. If you think the amount being assessed is too high, you could explain to the judge why this amount may be less. Once the judge makes the decision, if it is favorable, your relatives will be able to pay the bond immediately. If unfavorable, another hearing could be requested, but it would have to be argued that the conditions have changed, or that there is new evidence, for the judge to approve it. If you or your family member is in an immigration detention center, call us today. The first consultation is free. At Y. Morejon Attorney, P.A. we provide personalized help to your process. Here, your problem is our problem.


Legal Disclaimer Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.

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