Houston Immigration Bond Attorney
Initial Custody Determination
If you or someone you love has been detained by ICE, you’re likely feeling devastated and overwhelmed about what steps to take next. Fortunately, a compassionate and highly skilled Houston immigration bond lawyer from Serrano Law Firm PLLC is ready to fight for you.
ICE Detention
After an individual is detained by ICE, the person is taken to a local ICE field processing office. ICE will prepare the necessary paperwork and make a custody determination.
That means ICE will make a decision as to whether the individual should be released or whether the person should remain in custody. In essence this process is considered the initial custody determination.
Immigration Bond Hearing
Here is the immigration bond hearing process:
Immigration Bond Requirements
A subsequent determination, or a redetermination, will take place before an Immigration Judge during what is called the bond hearing. A form numbered I-286 will be completed by an ICE officer. This form is the “Notice of Custody Determination.” This form provides the information indicating the decision and if a bond was granted, the amount to be paid.
Immigration Bond Determination
An ICE officer may take one of three decisions:
Order of Release on Recognizance
- Release the individual with no bond, this is known as release on own recognizance. An individual obtaining this type of release will receive an Order of Release on Recognizance detailing the conditions of release.
ICE Detention
- ICE may detain a person pending a monetary immigration bond being paid. The amount of the bond will vary and can be substantial. The amount of the bonds varies from jurisdiction to jurisdiction even for quite similar cases. ICE will take into consideration several factors with the purpose of attempting to ensure the individual attends future hearings and proceedings.
Order of Release
- ICE can proceed to release an individual upper supervision or special circumstances. If this is the case, an Order of Release will be issued indicating the particular terms of the release.
ICE Grounds For Mandatory Detention
Held Without Bond
There are instances where individuals are not eligible for release from detention. An individual’s immigration history and/or prior criminal record can disqualify an individual from qualifying for a bond.
The Immigration and Nationality Act and the federal regulations set forth the circumstances in which individuals must be taken into custody and held without a bond. These cases are known as grounds for mandatory detention. There are grounds of mandatory detention that apply to legal permanent residents as well as nonimmigrants and those who do not have a status in the U.S.
Some grounds of mandatory detention include cases in which individuals are permanent residents or overstayed the period of authorized stay and were released from jail after October 8, 1998 and convicted of the following crimes:
- Crimes Involving Moral Turpitude at any time after admission in the U.S.
- An aggravated felony
- A controlled substance offense
- A firearms offense
Immigration law also provides additional circumstances when individuals are subject to mandatory detention.
Mandatory detention has been prescribed for:
- lawful permanent residents re-entering the U.S. from a trip abroad
- Individuals that entered the U.S. without authorization (EWI),
- Individuals seeking admission into the U.S.
If an individual falls within one of the aforementioned categories and if the person was released from jail after October 8, 1998 and convicted of one of the following crimes then the individual may be subject to mandatory detention:
One CIMT (which may be waived as a petty offense if no prior criminal history, the offense was not punishable by more than one year in jail and did not serve more than six months in jail);
- Controlled substance offense;
- Drug trafficking offense;
- Two or more offenses with aggregate sentence of 5 years incarceration;
- Prostitution;
- Domestic violence or violation of protection order.
Procedures for Setting Bond in an Immigration Case
Houston’s Foreign-Born Population and the Need for Immigration Bond Representation
There are an estimated 1.7 million foreign-born residents living in the Houston metropolitan area as of 2021, which is roughly one in four residents. This makes the need for strong immigration bond representation in Houston even more crucial. Many of these residents, such as those from Mexico (598,758), El Salvador (118,984), Vietnam (95,480), and India (94,163), are dealing with significant immigration barriers that can lead to detention by ICE.
When people are detained by immigration authorities, families are often unprepared and are unfortunately left to pick up the pieces, desperately trying to understand how to protect the rights of their loved one and secure their release. In this situation, a dedicated immigration bond attorney from Serrano Law Firm PLLC can help assist families and individuals and provide strong representation.
Motion Seeking Bond Re-Determination
An individual that is not subject to mandatory detention can initiate the process to obtain an immigration bond if ICE did not already grant a bond. A motion to the Immigration Court must be submitted seeking a bond hearing redetermination. To set the amount of the bond the Immigration Judge must take into consideration factors. These factors include
- Eligibility for Relief: The Judge will be keen to determine for what forms of relief the individual may qualify. An individual is unable to qualify for any form of relief then a higher bond may result.
- Criminal History: Does the individual have any arrests and/or convictions? If so, these will be taken into consideration and depending on the gravity of the history a bond may be set at a higher amount or may be eliminated altogether.
- Prior Immigration History: Does the individual have a legal status? Has the individual previously been removed? Did the person enter without authorization? If any of these apply, the bond could be set accordingly.
- Ties To The Community: Does the individual have a history of living in the U.S.? Does the person have a job? Does the person own any property in the United States? Does the individual have any family members in the U.S.? What are their status? These are all important factors that play a significant part in the amount of bond to be set.
Amount of the Bond
An individual may not be granted bond by an Immigration Judge in an amount less than $1,500. However, the Immigration judge may grant release to an individual “on the person’s own recognizance.”
In other words, the judge can release a detainee without any bond being posted. If a bond is set, the bond must be paid at an ICE acceptance facility.
A list of facilities that accept bond payments can be found at: https://www.ice.gov/ice-ero-bond-acceptance-facilities.
How to Pay an Immigration Bond
The person paying the bond must have the last name of the detainee and alien registration number.
Acceptable forms of payment to post a bond are money orders, cashier’s checks or certified checks. For all bonds $10,000 and over, the only accepted method of payment is a single cashier or certified check. The obligor can either post a bank’s cashier’s check or U.S. postal money order. The obligor cannot post a money order from any other business, such as Western Union—it must be from the post office. Payments must be made payable to “U.S. Department of Homeland Security” or “Immigration and Customs Enforcement.”
A bail bonding company can be used however the bonding company may require additional service fees that may be excessive. The bondsman will post the bail on the person’s behalf, but will charge a non-refundable fee and will require a certain percentage of the immigration bond amount to be paid. If the family pays the bond directly to the government, the bond money will be returned to the person that paid the bond only after court case is completed. The individual must have complied with all requirements and instructions of the court.
Appealing an Immigration Bond Determination
A person may appeal to the Board of Immigration Appeals if he or she is not in agreement of the bond set forth by the Immigration Judge. The appeal must be received by the BIA within 30 days of the date the Immigration Judge pronounced his decision on the bond.
While the appeal is pending the individual will remain detained. However, removal proceedings will continue regardless of the pendency of the appeal. It is important to take note that a trial attorney working for ICE and representing the government may not agree with the bond decision of the Immigration Judge therefore the government may also appeal the judge’s decision. If both parties waive appeal or do not file an appeal in a timely manner, the judge’s decision becomes final.
FAQs
Q: What Is an Immigration Bond?
A: An immigration bond is a kind of financial guarantee that is paid out to the US government in order to have somebody temporarily released from immigration detention. After paying an immigration bond, the detained person can be released from custody while their immigration case is pending.
A skilled Houston immigration attorney can help you understand your eligibility for bond and represent you during your bond hearing.
Q: Who Qualifies for an Immigration Bond?
A: Whether someone qualifies for an immigration bond is dependent on several factors, including whether they have a criminal background, the ties that they have to the community, their immigration history, and their risk of flight.
People who have been subject to mandatory detention under immigration law or those who have had a serious criminal conviction may not be eligible. The situation can be assessed during a bond hearing with an immigration judge.
Q: How Much Does an Immigration Bond Cost?
A: The cost of an immigration bond is dependent on the price that the immigration judge or ICE sets, which is a function of the specific case details. The bond amount is dependent on factors like family and community ties, risk of flight, criminal history, and the immigration offense.
By working with a dedicated immigration attorney, you can get representation that helps you fight for a lower bond amount.
Q: How Do I Request a Bond Hearing in Houston?
A: If you or your loved one is not automatically granted a bond by ICE, it is possible to request a bond hearing in front of an immigration judge at the Houston Immigration Court.
A skilled immigration attorney can file a written motion for bond redetermination, help submit crucial supporting evidence, and provide representation at the bond hearing to help argue for their release from detention.
Contact An Immigration Attorney
When it comes to immigration detention cases, it’s essential to work quickly. If you or someone you love has been detained in Houston or anywhere across Harris County, contact us today to schedule a free consultation. Let us start fighting for your release.
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