When a loved one or a close friend has been detained by immigration services (ICE), it feels dreadful. You may be worried about your ability to contact them or their ability to be released while they face a pending investigation. By reaching out to a California immigration bond lawyer, you can not only get in touch with the person you care about, but also take steps to schedule a possible immigration bond hearing with the hope of securing their release.
Singh Ahluwalia Attorneys at Law understands the tense situation you are in, but we want you to feel confident knowing that we have helped hundreds of thousands of detainees secure an immigration bond and get released from detention. We have also found success in countless cases involving a stay of removal, reinstatement of visa status, applications for Green cards, and more.
If someone you care about is currently being detained by ICE, make the call you need to give them the best chances of getting out. Call our California immigration bond attorneys today at Call (559) 878-4958 or Contact us online to schedule your confidential, no-obligation case review.
How Does a California Immigration Bond Attorney Help Me?
Securing an immigration bond hearing is not a guarantee of release, nor do all detainees even qualify for a hearing in the first place. Even still, every detainee has rights — no matter what they, you, or anyone else has been told about the contrary.
Singh Ahluwalia Attorneys at Law understand these rights better than most law firms. That’s because our lead partner, Deepak Ahluwalia, along with his associates have helped handle hundreds of thousands of different cases involving U.S. immigrations procedures. We understand the factors that matter most in these cases, including situations where ICE or some other authority alleges one thing when the reality is much different.
We want to help you and your close friend or family member achieve the highest possible chances of release through an immigration bond. We will help you track down where the individual is being held, help them schedule an immigration bond hearing, and prepare the needed paperwork and information required for the hearing to result in success. We can also help the detainee prepare for likely questions that will be presented at the hearing, as well as possible reasons their request may be denied.
Throughout the process, you will benefit from your immigration bond lawyer’s deep knowledge and experience. They will provide you with information and resources that help streamline the process of obtaining a release. These may include:
- Determining the detainee’s alien number (A-number)
- Identifying what facility they are being held at
- Assessing their current status within ICE procedures, including whether they are set for deportation or are being held under mandatory detention
- Helping you retrieve all of the needed paperwork and documentation necessary for the immigration bond hearing and other related processes
- Giving you answers to your questions and guidance with any legal concerns you have
- Reaching out to ICE and other immigration authorities to confirm the status of any pending cases and expedite dates to the extent possible
- Providing you with information and legal strategies to help you and those you care about seek to achieve your goals within the immigration system, potentially including stay of removal, obtaining permanent resident status, becoming a citizen, or other goals.
What Is an Immigration Bond?
An “immigration bond” is the name given to what is essentially a deposit of money showing good faith that the detainee in question will remain in the county (or state, etc) and will show up to any subsequent hearings required of them by ICE or other agencies and law enforcement departments.
By obtaining a bond, the detainee agrees to be released based on the fact that they know their detention was made in error. The immigration bond will be returned to the payer in full, provided they are able to successfully obtain permission to avoid detention for the alleged defense or violation in question.
The process is similar to posting bail for a crime committed by a citizen or person who is accused of a crime and who is assumed to be in the U.S. lawfully. Money posted for an immigration bond is not a fine or a fee but rather money placed temporarily under the assumption it will be released following the expected outcome of a future hearing.
Scheduling an Immigration Bond Hearing
In order to receive an immigration bond, the detainee in question demonstrate that they are eligible for release and that they meet criteria capable of demonstrating that they intend to return on the next-requested date for a subsequent hearing (or other procedure).
In order for an immigration bond hearing to be scheduled, the detainee in question must be considered eligible according to the following standards:
- They are not being held under mandatory detention (for reasons listed in a section below)
- There is no reason for immigration officials to believe that the detainee will pose a danger to the community upon release
- The detainee has the ability to pay for an immigration bond
- The detainee is not a flight risk and will show up at subsequent hearings or procedures
- The detainee is a contributing member to society, with a record of community ties that include gainful employment (or dependence on another because of a disability)
Most Green Card holders and undocumented individuals in California are eligible for an immigration bond so long as their case does not involve aggravated felonies, suspected terrorism, crimes of moral turpitude, or possession of controlled substances (except marijuana less than 30 grams).
Most detained individuals are eligible to receive an immigration bond hearing, regardless of whether they lawfully hold a visa/Green Card or are technically undocumented. A hearing will typically only be denied when the individual is held under mandatory detention or if the immigration courts have reason to believe that the individual will be a flight risk or is otherwise unlikely to receive approval for an immigration bond.
Reasons an Immigration Bond May Be Denied
There are two main reasons an immigration bond or a bond hearing will not be granted:
- The individual is being held under mandatory detention because of their criminal history or other factors
- The individual is unable to demonstrate the factors that would convince the court that they are likely to return to future hearings
Who Is Held in Mandatory Detention?
Most individuals held in mandatory detention have a history of violent crimes, crimes involving controlled substances, or other criminal acts. These individuals may be considered eligible for deportation and removal or are otherwise deemed as “inadmissible” for various reasons.
Examples of reasons why someone might be considered for removal include criminal convictions involving:
- Any crime involving moral turpitude (“CIMT”) that has resulted in a prison sentence of one year or more; or two or more crimes involving moral turpitude
- Any aggravated felony
- An offense related to federal firearms codes or California’s assault weapons statutes
- An offense related to federal or California controlled substance (drug) laws, with the exception of offenses related to possession of 30 grams or fewer of marijuana intended for personal use
- Charges of treason or espionage
Who Is Likely to Be Considered Inadmissible by ICE?
When determining whether an individual is eligible to receive a hearing, ICE officials will often make a judgment as to whether the individual could later be naturalized or approved for permanent residence or an extended visa stay in the country. Examples include CIMTs, multiple convictions that add up to an imprisonment sentence of five years or more, certain controlled substances offenses, human trafficking, involvement in prostitution or illegal vice, money laundering, or terrorism.
What Factors Does the Immigration Court Consider When Determining Bond Hearing Eligibility?
At an immigration bond hearing, the court will consider the status of the detainee, any pending charges or procedures they face, and a host of questions that all contribute to a picture of an individual who is either likely to flee as soon as they are released or is likely to remain and show up to all of their subsequent hearings.
Questions asked of individuals during immigration bond hearings are usually related to the following areas:
- Family ties in the area
- Their history of employment and regular income
- Their participation in community organizations or events
- Their criminal record, and the risk they pose to public safety
- Their immigration history, as well as their family’s
- Their ability to pay for the bond
- Their availability for relief from the criminal or immigration court
Your California bond immigration lawyer will help the detainee prepare for this hearing and any questions they may face, such as by encouraging loved ones to source documents capable of proving any statements made during the hearing.
Work With a California Bond Immigration Attorney That Cares About Your Rights
Dealing with immigration matters is never easy, especially when there is the threat of extended detention or deportation. Singh Ahluwalia Attorneys at Law wants your loved one to have the highest chances of release, and we also want to see them remain in the country legally to the extent possible if that is their goal.
When contacting our offices, we can help you identify the facility where your loved one is being held, see where their case is in the process, and help them secure legal representation to assist them with any potential bond hearings and temporary release.
Make the call or click that will make the difference in your loved one’s peace of mind. Schedule your no-risk case evaluation now when you Call (559) 878-4958 or Contact us online.
