There has been a recent shift in the decision
making process to grant bond to undocumented individuals who are detained by Immigration.
Whereas before ICE (Immigration and Customs Enforcement) would exercise its
discretion to grant bond based on the circumstances in each case, I have seen ICE
declining to issue bond across the board. This means individuals must request a
hearing to seek bond before the Immigration Judge.
Individuals without legal representation will find
this process difficult to maneuver. For example, detained individuals are scheduled
for master hearings, which are separate and apart from bond proceedings. In order
to be scheduled for a bond hearing, an individual must request a bond hearing
and complete a Bond Worksheet, which typically looks like this.
Notice the worksheet asks for the relief the individual will be seeking; a determination
that is difficult for a lay person to make.
Another important consideration is that the immigration
judge will generally not grant a bond unless the individual is eligible for
relief.
For more information about whether an individual is eligible for
relief, or how to request a bond, please contact an immigration attorney at
Brewer & Lormand, PLLC.
Lauren Wallis is an immigration attorney at Brewer
& Lormand, PLLC. She works out of the firm's Dallas office and has
practiced family immigration law for three years. She handles SIJS, VAWA, U
Visas, Military PIP, Applications for Residency, Citizenship, Provisional
Waivers, Waivers, Adjustments of Status, DACA, TPS, Asylum, and Deportation
Defense.
This article is intended for educational purposes only and should not be relied on or construed as legal advice.
This article is intended for educational purposes only and should not be relied on or construed as legal advice.
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