February 16, 2023
In 2022, the U.S. Supreme Court confirmed the federal government's practice of detaining immigrants without a bond hearing for months or years.
There's nothing more horrifying than spending an undetermined amount of time behind bars. Unfortunately, that's the reality for a growing number of immigrants who have landed in detention centers in the United States. It's worse for immigrants apprehended by the federal government's immigration enforcement agency, ICE.
Being denied bond is life-altering, especially in light of ICE's history of mistreatment and deaths at overcrowded detention facilities. Plus, denying class action lawsuits would exclude most individuals who can't get legal representation to file individual cases.
If someone has been denied an immigration bond, there are still ways to proceed. Read on to see what you can do now.
You need legal representation to help you through this process. If you haven't already retained an attorney, now is the time to do so.
With the help of an immigration attorney, you will be able to demonstrate that you are not a flight risk or danger to the community. Posting bond would be the desired outcome.
To convince a judge, you'll need concrete proof of the following at your immigration hearing:
An immigration attorney can help collect that information and present it to the judge in a compelling way. It's important to note that an arriving alien doesn't qualify for a bond. Their release would come through ICE.
After receiving a denial, your first step should be to ask for a bond hearing before an immigration judge. This is done in person at your initial court appearance or in writing. If the judge grants your request, they will schedule a bond hearing to review your case.
Under federal law, an immigration bond hearing cannot be part of a deportation hearing. Therefore, you will have the opportunity to explain to the judge why you should be released.
The judge will look for several factors that may disqualify you from being released on bond. For example, if you entered the United States illegally or have been convicted of a crime, you may not be eligible.
Request a new hearing if you've been in court and a judge denies your bond request. You'll need to put your case in writing and prove that your situation has changed drastically.
If that doesn't work, you can appeal to the Board of Immigration Appeals (BIA). The BIA will usually examine your case on paper, so you won't have to return to court. The BIA's decision is final.
An immigration bondsman understands the process of reapplying after a denied bond. Our goal is to be available once you reapply and gain your release.
We'll walk you through the process of securing collateral when denied bond. For your convenience, we also offer bilingual services.
Are you in need of an immigration bond? Contact Action Bail today or call (877) 792-2979 for a free consultation.
Our agents can tell you more about your particular needs.
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