IMMIGRATION BOND AND CANCELLATION OF REMOVAL CASES:
Our law firm has represented thousands of people in removal proceeding. We are passionate about defending our clients. We understand the stress and panic felt by family and friends when a loved one is placed in removal proceedings, and we are here to help.
When a person is detained by ICE, they are often taken to a processing center and then are transported to a detention center. In Arizona detained persons are typically sent to the Florence, Eloy, or La Palma Detention Centers.
Certain detained persons may qualify for a bond. This means that an Immigration Judge may allow the detained person to pay a certain amount of money in order to leave the detention facility. We have helped thousands of people obtain immigration bonds, and we can help you every step of the way, from obtaining a bond all the way through to the final hearing.
In general, it can take several days or even weeks before a Judge will hold an immigration bond hearing. Much of this will depend on the detention center processing time and the Immigration Court’s schedule. If a bond is granted, the detained person is allowed to return home and can fight his or her case outside of the detention center. In all cases, it makes sense to speak with a deportation attorney as soon as possible. You may only have one chance to get a bond and a mistake could result in removal!
Please feel free to call our immigration attorneys at any time. Our team will take the time to understand your bond/cancellation case and we know how to help. Every case is unique and the consultation is free. We will look for positive solutions and do everything possible to keep families together. We believe in our clients and take our representation extremely seriously. We look forward to speaking with you today.
If you want to know more about the cancellation/bond process, read below for all the requirements and exclusions so that you can be best prepared for the process.
REQUIREMENTS FOR AN IMMIGRATION BOND:
To get a bond, an Immigration Judge will determine whether or not a person is eligible. Certain people are not eligible for a bond. For example, people who self-surrendered at a port-of-entry and are classified as arriving aliens will not be eligible for bond. People with prior deportations will not usually be eligible for bond. People who have committed certain crimes (such as drug crimes) will not be eligible for bond. Please see below for more information about crimes and bond eligibility. Each case is unique and fact dependant. It is extremely important to speak with one of our immigration attorneys as soon as possible if a loved one is detained.
If a person does qualify for bond, the Immigration Judge will next consider two questions:
1) Is this person a danger to the community, to their family, to themselves, or to property?
2) Is this person a flight risk, or, in other words, will this person attend their court hearings in the future if they are released from the detention center?
If the Judge feels that the person might be a danger or a flight risk, the Judge will deny bond. The Judge is free to consider any evidence available to them to determine flight risk or danger. This means that the Judge will look at all past arrests, police reports, and prior immigration history.
For example, a person who has been convicted of a DUI offense may be considered a danger to the community and an immigration judge can deny a bond for that reason alone. The Judge will also consider whether or not the person was caught crossing the border or has established residence in the United States. Someone who does not have an immediate relative who is US Citizen or Legal Permanent Resident may be considered an extreme flight risk because they do not qualify for 42(b) cancellation of removal.
To get a bond, a detained person will need to provide the Judge with documents. An immigration attorney will help you figure out what documents the Judge will want to see in your case.
It is important to note that there are many different Immigration Judges, and some Judges are more likely to give bonds than other Judges. There is no way to know with certainty how a Judge will rule in a bond case. Each case is different and it is important to discuss your particular case with one of our immigration attorneys.
As noted above, there are a number of crimes that make it impossible to obtain a bond and/or 42(b) cancellation. These offenses are called Aggravated Felonies. If the person seeking bond has one of the following convictions, they will not be eligible to receive a bond.
These Crimes Make Getting a Bond Impossible:
AGGRAVATED FELONIES UNDER 8 USC § 1101(A)(43)
- Alien smuggling- smuggling, harboring, or transporting of aliens except for a first offense in which the person smuggled was the parent, spouse or child.
- Attempt to commit an aggravated felony
- Bribery of a witness- if the term of imprisonment is at least one year.
- Burglary- if the term of imprisonment is at least one year.
- Child pornography
- Commercial bribery- if the term of imprisonment is at least one year.
- Conspiracy to commit an aggravated felony
- Counterfeiting- if the term of imprisonment is at least one year.
- Crime of violence as defined under 18 USC 16 resulting in a term of at least one year imprisonment, if it was not a “purely political offense.”
- Destructive devices- trafficking in destructive devices such as bombs or grenades.
- Drug offenses-These include offenses generally considered to be “drug trafficking,” plus cited federal drug offenses and analogous felony state offenses.
- Failure to appear- to serve a sentence if the underlying offense is punishable by a term of 5 years, or to face charges if the underlying sentence is punishable by 2 years.
- False documents- using or creating false documents, if the term of imprisonment is at least twelve months, except for the first offense which was committed for the purpose of aiding the person’s spouse, child or parent.