Bond Hearings

Given the large number of ICE detentions recently, many detainees are finding themselves in removal proceedings on a detained docket. The primary concern of most of these detainees, as well as their families, is whether they can be released from detention in order to return to their lives and reunite with their family members.

Unless a detainee is considered an "arriving alien" or has been convicted of certain crimes (a topic to be discussed at a later time), they can be eligible for what is officially termed a Custody Redetermination Hearing before an immigration judge. However, many clients and their families are confused about the exact procedures and standards involved in these bond hearings, and are therefore either surprised or disappointed with the results.

Just as in most other bond proceedings, bond hearings in immigration court revolve around two basic issues; whether the detainee is a danger to the community and/or a flight risk. In determining whether someone is a danger to the community, the court looks at the individual's past and present behavior, including their criminal history. If a detainee has been previously arrested and/or convicted of certain crimes, the court looks at the seriousness and recency of the offenses, the nature of the crime, and whether the detainee has shown rehabilitation (if they have committed a criminal act in the past). If a detained individual is determined to constitute a danger to the community, then no bond can be given and the individual will remain in detention.

If, on the other hand, an individual is not found to constitute any danger, then a subsequent analysis of flight risk is made, on the basis of which a bond amount (if any) is determined. Factors that are considered in assessing flight risk include length of stay in the United States, family and community ties, the presence of a stable address, immigration violation history, history of evasion from authorities, history of court appearances, and the strength of relief from deportation available to said individual. In several occasions, the flight risk determination, and ensuing bond amount, hinge on the type of relief that is available to a particular detainee. The stronger the relief available, the lower the prospective bond amount will be. And vice versa, the weaker the relief available, the higher the bond amount that is likely to be imposed.

While these standards are laid out in an objective fashion, a lot of times individual judges' subjective viewpoints are the deciding factors on whether bonds are granted, and the amounts of those bonds. The attorney in these situations plays an important role in putting together effective packets and making persuasive arguments as to danger and flight risk. It is therefore important for individuals in detention to make sure they have competent legal representation in order to increase their chances of being released on bond.

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Client Reviews

Cristian, Google Review

I have to say, Chammas Jurado provided excellent service! I was interested in helping my mother become a U.S. citizen, with Carlos’ experience I felt as if I was getting the best help possible. Carlos made sure to take a moment and simply talk to my mother to get to know her. He clearly stated the process she would have to go through and provided her with a sense of confidence. I’m proud to say my mother is now a U.S. citizen because of the amazing work ethic at Chammas Jurado. I would definitely recommend this place if you’re in need of immigration attorneys!

Fernand, Yelp Review

Quick Links

- Family based Petitions

- Immigration Waivers

- Bond Hearings

- Deportation Defense

- Asylum

- U-Visa (Victims of Crimes)

- Citizenship/Naturalization

- DACA

- H-2A, Temporary Agricultural Worker Visa

- H-2B, Temporary Non-Agricultural Worker Visas

Nour is honestly one of the best and most knowledgeable immigration attorneys I know!  Especially when it comes to deportation defense, I do not know anyone who is more knowledgeable about the law and the procedure than he is.  Equally importantly, unlike many other immigration lawyers, Nour is extremely honest and reasonable with his prices and fees.  No BS and no gimmicks…  I highly recommend him!

Locations

Cleveland Office

25125 Detroit Rd. Unit 140 Westlake, OH 44145

Phone: (216) 230-6667

Hours: Mon-Fri 9am-5pm

Grand Rapids Office

250 Monroe Avenue Northwest #400 Grand Rapids, MI 49503

Phone: (616) 888-6598

Hours: Mon-Fri 9am-5pm

Detroit Office

6 Parklane Boulevard., Suite 104 Dearborn, MI 48126​

Phone: (313) 752-1064

Hours: Mon-Fri 9am-5pm

Los Angeles Office

444 W. Ocean Blvd., Suite 1010 

Long Beach, CA 90802

Phone: (562) 275-3233

Hours: Mon-Fri 9am-5pm

Bakersfield Office

1910 E. California Ave.

 Suite T 

Bakersfield, CA 93307

Phone: (661) 255-4232

Hours: Mon-Fri 9am-5pm

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