In the United States, when a person is accused of a crime and detained, the criminal court or the relevant law enforcement agency almost always offer the defendant the opportunity to pay “bond” and to be released from custody, and to fight their case by voluntarily returning and participating in proceedings. However, in the context of Immigration Court and Removal Proceedings, bond is not always granted. If you have a family member detained by the Department of Homeland Security (“DHS”), it is very important to speak to an attorney to attempt to get your family member out of immigration detention with a bond. Receiving bond in immigration court requires skillful representation. If a bond is granted, it can completely change the immigrant’s case, and offers a tremendous amount of flexibility and time that would not be available if the immigrant must remain in custody.
Will a bond be approved?
Whether the immigration authorities will approve a bond depends on many possible factors: for example, whether or not the person has a criminal record; whether the person has members of his or her immediate family that have valid immigration status in the United States; whether the person has any humanitarian emergency that requires his or her release from custody; whether the person has committed any felonies or crimes involving moral turpitude. After one of our attorneys conducts an initial visit to a detained immigrant, we can usually give a very accurate assessment of the immigrant’s chances for release on bond, as well as his or her eligibility and chances for remaining in the country legally.
Lessons from the Past
Remember that none of us are more than caretakers of this great country. Remember that the more freedom you give to others, the more you will have for yourself. Remember that without law there can be no liberty. And remember, as well, the rich treasures you brought from whence you came, and let us share your pride in them.
Gerald R. Ford
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