Monday, July 25, 2016

Requesting an Immigration Bond


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.

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