ALEJANDRO ROQUE., ESQ. | IMMIGRATION & CRIMINAL LAW ATTORNEY

Bail

Immigration Bail Bond Lawyer in Miami

Our immigration bond attorneys understand how important it is to have legal representation while you are detained during deportation proceedings. Contact our law offices to speak with an experienced attorney about your situation.

Certain immigrants who have violated immigration laws by overstaying their visas, entering illegally, or violating their legal status by being convicted of certain criminal offenses may be detained by the Department of Homeland Security or Immigration and Customs Enforcement (ICE) prior to and/or during their deportation proceedings. Because deportation proceedings can last for months, if not years, it is critical to contact a Miami immigration bond attorney as soon as ICE arrests you or a loved one so they can assess your eligibility for bond.

1. Persons Subject to Mandatory Detention: Under immigration law (pursuant to INA § 236(c)(1), the following persons are subject to mandatory detention:

Note: Arriving Aliens are not eligible to request a bond from an Immigration Judge, although they may request one from their deportation officer.

A. A person who is inadmissible for having committed any offense under INA § 212(a)(2) of the INA (the "moral turpitude section"), unless the person falls within a limited exception known as a "misdemeanor."

B. Those who are deportable for committing an offense under INA § 237(a)(2)(A)(ii) (multiple crimes of moral turpitude), 237 § (a)(2)(A)(iii)) (felony offenses), INA § 237(a)(2)(B) (controlled substances), INA § 237(a)(2)(C) (certain firearms offenses), or INA § 237(a)(2)(D) (miscellaneous espionage and sabotage offenses).

C. Those who are deportable under INA § 237(a)(2)(A)(i) (a crime involving moral turpitude) if the individual was sentenced to a term of imprisonment of at least one year.

D. Those who are inadmissible under INA § 212(a)(3)(B) (terrorist activities) or deportable under INA § 237(a)(4)(B) (terrorist activities).

Note: People who have been arrested and even found guilty of certain crimes may request a bond if they are detained in Florida and sent to a Detention Center such as Krome or Broward Transitional Center (BTC). For example, people who have had cases of minor domestic violence (not involving weapons), driving under the influence of alcohol, driving without a license, various types of theft (not all, and not including burglary), may request a bond from an Immigration Judge. Of course, you have to show that you are not a danger to the community at that time and that you would be a person who would return to Court for future hearings.

Immigration bonds

An immigration bond is the amount of money a person pays to the Department of Homeland Security to be released from immigration detention.

People are often detained for immigration purposes after they are found to have entered the United States illegally or have done something that violates their legal status in the United States, such as committing a crime or overstaying a nonimmigrant visa.

When someone is arrested for violating an immigration law, the government determines whether or not they are eligible for bail. Some people who have committed serious crimes may face mandatory detention, which means they are not eligible for bail.

Mandatory detention can be used for those who have recently arrived in the United States at a border or other port of entry and do not have a legal reason to be here, in addition to individuals with significant criminal histories. Depending on a variety of criteria, these individuals may be denied bail unless they can demonstrate a legitimate fear of returning to their place of origin. Credible fear indicates that they may be eligible for asylum, and if they can demonstrate this prior to a USCIS adjudication, they may be eligible for bail.

Arriving Aliens cannot request a bond from an Immigration Judge. However, Arriving Aliens may request their deportation officer to allow them to be released.

The Immigration Bond Procedure

When an individual is first arrested, the process begins. Typically, you can get a bond directly from the ICE person or the ICE office in charge of the case. ICE has the authority to offer bond in many situations at this early stage, before a case is filed in immigration court. When a person begins their removal proceedings before an immigration judge, the judge has the authority to grant bond.

Bond hearings differ greatly from one another. Many factors influence an immigration judge's decision to grant bond, including an immigrant's family and community ties in the U.S. (such as their status within the U.S.), their financial resources, and the length of time they have been present in the country. The immigration court will weigh all of the positive elements of your case to determine whether you pose a risk to the community or a threat to national security.

In your situation, your Miami immigration bond lawyer can present facts and a thorough legal brief to persuade the court to grant you a reasonable bond. Your Miami immigration bond lawyer can subpoena witnesses to testify on your behalf.

The importance of an immigration bond hearing in the presence of an attorney

An immigration attorney can call Immigration and Customs Enforcement (ICE) at the beginning of a case. An attorney can call ICE and negotiate the bond amount more easily.

This is critical for those who may be eligible for a bond directly with ICE, as they can avoid the burden of having to remain in jail for a bond hearing before an immigration judge. Additionally, it may be wise for you to contact a Miami immigration bond attorney, as they will be able to provide a more persuasive case to the court as to why you should be released.

The Importance of Hiring an Immigration Bond Lawyer in Miami

When you or a loved one is detained by immigration, it is critical to act quickly for a variety of reasons. For starters, incarceration is certainly not a pleasant situation and a bond hearing in immigration court can take several weeks. As a result, it is critical to obtain a bond hearing as soon as possible.

In many situations where an immigrant has recently been detained, ICE officials will have custody of the case and jurisdiction to decide on bond for many days or even weeks before the initial hearing, at which the case is transferred to immigration court. ICE may be more liberal in some situations when evaluating whether to grant bond to a detainee and the amount of the bond.

As a result, in many circumstances, moving quickly rather than waiting to hire a DC immigration bond attorney could mean the difference between thousands of dollars in cash and, in other cases, whether the detainee is eligible for bond.