We can file a motion for a bond to get your family member or friend out of Immigration Custody
This is why when you go to Immigration Court alone, Immigration Judges are willing to give you a continuance of your hearing to give you time to get an attorney. In addition, you are given a list of organizations that may be able to assist you for a free or low cost. However, you are facing the risk of being removed from the United States. Therefore it is essential that you hire an Immigration Attorney experienced in Deportation Defense.
How can I help my family member be released from ICE custody?
If your family member or friend is arrested by Immigration Customs Enforcement (ICE), they may get a chance to see a Judge to request for their release based on bond. Not everyone qualifies for a bond. There are certain requirements you must meet in order to satisfy the Immigration Judge that you should be released from custody on bond. There are different bond hearings for people in Immigration Detention.
Initial Bond Hearing
Rodriguez Bond (After 6 months in detention)
Parole Request for Bond from ICE (For arriving aliens)
You are not a danger to the community
In order to qualify for a bond, first, you must show that you are not a danger to the community. The Immigration Judge will want to look at your criminal history. Certain crimes such as violent crimes, especially if it involved firearms, sale of drugs or serious harm to someone (domestic violence or child abuse) will most likely lead the Immigration Judge to consider you a danger to the community. The Immigration Judge, however, must look at the circumstances during the event for the crime you were convicted of. In addition, the Immigration Judge will consider how long ago it happened and whether he or she believes that you have changed from your bad habits. Driving Under the Influence of Alcohol (DUI) would not necessarily make you ineligible for a bond, but if you are not prepared to tell the Immigration Judge that you are willing to accept any restrictions to driving as long as you are released then you might end up getting denied for a bond.
You are not a flight risk
Second, you must show the Immigration Judge that you are not a flight risk, meaning that you will attend all of your court dates. If you have a history in either Immigration Court or in Criminal Court of skipping or missing your court dates, then you will most likely be a flight risk and your bond request may be denied. History of probation violations will also be considered a flight risk.
You must be prepared to speak at your Immigration Bond hearing. Although most of the speaking is done by your attorney, some Immigration Judges like to ask people some questions directly to them. A typical question is “Why did you commit this crime?” What you should NOT say is, “I didn't really do it.” Of course, every case is different; but the main goal here is to show remorse and not trying to say you didn't do it.
You must also demonstrate financial ability to pay your bond. Although this issue is being litigated in higher courts, it is still important to have someone willing to take financial responsibility for you if you are released. This requires to file financial document such as tax returns, of whoever is going to be financially responsible for you.
Burga Law Firm PC has been very successful in winning bond motions for people who might be considered a danger to the community or a flight risk, even though they are not. Remember, the Immigration Judge doesn't know who you are. All he or she sees it's your record, what's on paper. The bond hearing is your opportunity to show the Immigration Judge that you are not that type of person and that you deserve to be released to be with your family.
Rodriguez Bonds is an area of Immigration Law that has been changing; but not on the side of Immigrants. In 2018, the United States Supreme Court ruled that those held by the government and facing deportation are not entitled to a bond hearing even after months or years of detention.
However, in the 9th Circuit, Rodriguez Bonds have continued to be scheduled for detained immigrants after 6 months of being in custody. The requirements is the same as a regular bond request with the exception that it is the government's burden to prove that the detained immigrant must remain in custody because he or she is a danger to the community or a flight risk.
More recently, if you were denied a bond motion at your initial in a custody hearing, the court will not schedule you a Rodriguez Bond hearing and you could be held indefinitely until your case is concluded. Therefore it is important that you first meet with an experienced Immigration Attorney to help you determine if you should file for your initial bond request or wait for the Rodriguez Bond hearing.
Parole from ICE
Those who are charged as arriving aliens are not under the jurisdiction of the Immigration Judge so they cannot get a bond from the Immigration Court. The only option, in this case, is to request a bond from Immigration and Customs Enforcement (ICE). This is called Request for Parole.
Requests for Parole have become more difficult. With new policy changes from ICE, our office has been working diligently for our clients to get their Request for Parole approved. These require substantial documentation to show your ties to the United States such as family members, medical conditions for humanitarian purposes, employment history, criminal history, evidence of residence, letters of support, a sponsor, and more.
How can I request Parole from ICE?
There are additional requirements to obtain parole other than flight risk or danger to the community such as:
Evidence of your physical place of residence if released from custody
Affidavits and letters from family or friends to be responsible for the applicant
Evidence to convince the ICE officer that you'll attend all of your Immigration Court hearings.
Evidence of criminal history if any.