Bond Hearing for Immigration Cases

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Bond Hearing for Immigration Cases

Bond Hearing for Immigration Cases

Following a recent increase in raids (especially major ones like those in Mississippi a few months ago), it has become important to know what the detainment and removal process consists of, and how to seek help. Non-citizens can be detained by immigration officers for a multitude of reasons. Similar to criminal court cases, the immigrant can be released from detention after paying a bond. This article will provide an overview of the bond hearing process.

What is a Bond

In immigration court, a bond is a specific amount of money that is paid to the court, which allows for the detainee to be released. However, there are conditions. The person must return for all court hearings. Once the person has met all of the bond conditions, the money is returned to the individual who paid it.

Bond Hearing

Not everyone in immigration detention can receive a bond hearing. In order to request a hearing, the detainee can either request it in court (at one of the hearings) or through a written motion. Receiving a bond hearing can be harder for some more than others because of the facts of the case, which is why consulting with an immigration attorney can prove beneficial. However, there are some people who cannot be granted bond and they include those who have committed acts that threaten national security.

The bond hearing will take place in a courtroom. The immigration judge will receive the case and can ask the lawyer and detainee questions. Based on the reason for detention, character, criminal history, answers to questions and much more the judge can decide to grant or deny bond. While there is a minimum amount, the judge can set the bond to as high as he or she deems necessary. The bond must be paid, and the subsequent hearings will be scheduled in a court closest to where the individual lives. As mentioned previously, once a bond has been granted it is vital that all future hearings are attended.

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House Representative Linda Sanchez (D-Calif) and Senator Bob Menendez (D-N.J.), sponsored and introduced the United States Citizenship Act last February 18, 2021.

The “Public Charge” Rule
The “Public Charge” Rule

In the determination of whether to grant an applicant a visa or a green card, an immigration officer must decide whether that person is likely to become dependent on the government for subsistence in the future, which could make them a “public charge.” The rule will incredibly have an impact on immigration and public benefit. Among all the measurements that President Donald Trump has implemented so far, the “public charge” rule could be the most influential one on legal immigration.

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