A person can be placed into removal proceedings without being taken into custody. On the other hand, Immigration Customs and Enforcement, (ICE), can take an alien into custody and set a bond amount if the alien is not subject to mandatory detention.
ICE will initially set bond at an amount that they believe will ensure the alien’s appearance at future immigration court hearings. If an alien establishes that they are not a flight risk and a danger to the community, then there is a good chance that ICE will grant a bond. If ICE grants bond the bond money, will be paid directly to ICE and not through a bond company, will be returned to the person who paid it after removal proceedings are completed and bond conditions fulfilled.
If ICE grants a high bond or denies bond, the alien can request a bond re-determination hearing before an immigration judge after being placed in removal proceedings.
The minimum amount required for an immigration bond is $1,500.
If an alien is subject to mandatory detention, no bond will be permitted. An immigration judge has no jurisdiction to grant bond if the alien is subject to mandatory detention unless, depending on appellate jurisdiction, the alien has spent at least 180 days in custody. Furthermore, the alien will still have to show he or she is not a flight risk or danger to the community.
ICE must take into custody without bond, all aliens who are inadmissible because of a criminal conviction that involves a controlled substance or is found by the immigration judge to be a crime of moral turpitude or aggravated felony. Lawful permanent residents are also subject to mandatory detention without bond if they have been convicted of an aggravated felony, two or more crimes of moral turpitude or a drug relate offense and the completion of sentence occurred after October 18, 1998.
Our attorneys represent clients at bond hearings nationwide. If you need help, contact the Law Office of Raul Ray at (408) 279-5793.