Deportation


Immigration Bond and Cancellation of Removal Cases:

immigration attorney alcockOur law firm has represented thousands of people for 42(b) cancellation of removal. We have also represented people who are in custody for a removal case and wish to obtain an immigration bond. We are passionate about defending clients facing removal.  We have also obtained immigration bonds for thousands of clients. We can help you every step of the way, from obtaining a bond to your individual hearing.

At any time, feel free to call our immigration attorneys.  Our team will take the time to understand your bond/cancellation case and we know how to help.  The consultation is free.  We will look for positive solutions and do everything we can to keep families together.  We believe in our clients and take our representation extremely seriously.  We look forward to speaking to you today.

In general, it can take days or weeks to have an immigration bond hearing.  The entire cancellation of removal process can extend into years.  In all cases, it makes sense to speak with an attorney as soon as possible.  You may only have one chance to get a bond and a mistake can result in removal!

Should 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:

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To get a bond, an immigration judge will determine whether or not the person is eligible. A person who has a prior deportation order may not usually be eligible to obtain a bond. A person who the judge feels is a flight risk or a danger to the community will be found ineligible. The judge is free to consider any evidence available to them to determine flight risk or danger.

The judge will also consider whether or not the person was caught crossing the border or has established residence in the United States. Someone apprehended crossing the border is usually ineligible to receive a bond. That being said, it is possible to get a bond even if you do not have all of the requirements to cancel removal under 42(b).

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. Someone who does not have an immediate relative who is US Citizen or Legal Permanent Resident may be considered a flight risk because they do not qualify for 42(b) cancellation of removal.

As such, there is no way to know in advance how a judge will rule in a bond case.

That being said, 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 inwhich 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- any offense 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 theperson’s spouse, child or parent. 

• firearms- trafficking in firearms, plus several federal crimes relating to firearms and state analogues. 

• forgery- if the term of imprisonment is at least one year. 

• fraud or deceit offense if the loss to the victim exceeds $10,000. 

• illegal re-entry after deportation or removal for conviction of an aggravated felony 

• money laundering- money laundering and monetary transactions from illegally derived funds if the amount of funds exceeds $10,000, and offenses such as fraud and tax evasion if the amount exceeds $10,000. 

• murder

• national defense- offenses relating to the national defense, such as gathering or transmitting national defense information or disclosure of classified information. 

• obstruction of justice if the term of imprisonment is at least one year.

• perjury or subornation of perjury- if the term of imprisonment is at least one year.

• prostitution- offenses such as running a prostitution business.

• ransom demand- offense relating to the demand for or receipt of ransom.

• rape

• receipt of stolen property if the term of imprisonment is at least one year 

• revealing identity of undercover agent- 

• RICO offenses- if the offense is punishable with a one-year sentence. 

• sabotage

• sexual abuse of a minor

• slavery- offenses relating to peonage, slavery and involuntary servitude.

• tax evasion if the loss to the government exceeds $10,000

• theft- if the term of imprisonment is at least one year.

• trafficking in vehicles with altered identification numbers if the term of imprisonment is at leastone year. 

• treason- federal offenses relating to national defense, treason

What Happens After the Bond is Granted?

If a bond is granted, the next step is the out of custody42(b) process. This is distinct process and the requirements can be confusing. Here are the questions that we must ask to determine whether or not a person in eligible to cancel their removal. In short, it is very difficult to list all the ways you can win a removal hearing, the questions below give the framework that the judge will consider.

1) How did you enter the United States? VISA WITHOUT INSPECTION

2) How long have you resided in the US?

3) Have you ever returned? How long?

4) Did you return for longer than 90 days for any one trip?

5) Have you returned for longer than 180 for all of your trips combined?

6) Have you ever been deported?

7) Have you ever signed a voluntary departure?

8) Have you ever been caught crossing the border and returned immediately?

9) Have you ever been arrested for any crime?

10) Are you convicted of any crime?

11) Does your conviction result from a crime where the state alleges that you intended to hurt someone?

12) Are you the victim of a crime that happened in the US?

13) What country are you from?

14) Have you been politically persecuted or persecuted for your personal beliefs or orientation?

15) Do you have children who were born in the US? Are they under 21 years?

16) Are you married to a US Citizen or Legal Permanent Resident?

17) Are you parents US Citizens or Legal Permanent Residents? If USC, then by birth?

18) Do any of your immediate relatives listed above suffer from an extreme and unusual hardship?

19) Are you engaged to a US Citizen?

20) Has any family member filed a petition in the past for you?

21) Do you have an I-130 pending?

22) Do you qualify for DACA? Enter before June 15 ’07 prior to 16 years? In school/diploma?

23) Do you qualify for a U Visa?

Please keep in mind that if you receive a bond, but do not qualify for 42(b) cancellation, you will

not be eligible to obtain a work permit. We hope that this letter helps you better understand your case.