Immigration Bonds and Mandatory Detention Law Firm in Tampa
The Immigration and Naturalization Act provides for release on a bond and parole. INA §236(a). These bonds should be granted unless the person is a threat to public safety or is subject to mandatory detention. INA §236(c). The Attorney General may revoke and arrest the immigrant at any time. INA §236(b).
Standards and Criteria of Immigration Bond
An immigration judge should issue a bond unless the person is likely to abscond, is a threat to public safety, or is subject to mandatory detention. Matter of Patel, 15 I&N Dec. 666 (BIA 1976). The immigrant has the burden of proof when it comes to threat to public safety. 8 CFR §§236.1(c)(8), 1236.1(c)(8). A bond hearing, however, may be necessary in cases of prolonged detention. The Supreme Court has ruled that INA 236(b) does not require a hearing after six months of detention. Jennings v. Rodriguez, 138 S.Ct. 830 (2018). The court, however, remanded the case the lower court to consider the constitutional challenges to the statute.
General Criteria for Bonds
In Matter of Patel, 15 I&N Dec. 666 (BIA 1976), the Board of Immigration Appeals delineated the following criteria for an immigration bond:
- Fixed address in the United States
- Length of residence in the United States
- Family ties
- Record of appearance in court
- Employment history
- Criminal record
- Pending criminal charges
- History of immigration violations
- Manner of entry
- Membership in community organizations
- Financial ability to post a bond
Procedures Under Mandatory Detention
Although the immigration judge does not have jurisdiction over a person who falls under mandatory detention, they retain jurisdiction over the person’s classification. Matter of Joseph, 22 I&N Dec. 799 (BIA 1999). There is an automatic stay provision in the law when the Department of Homeland Security files a notice of intent to appeal.
Please give us a call if you have been placed in removal proceedings. Receiving a bond during removal may be the only way to remain with your family while in removal proceedings. Hiring an experienced immigration attorney like Ahmad Yakzan could be the difference you need.
Hiring him gave me a complete sense of peace.- Isabella B.
I could not have done this without his help. When it comes to relocating to another part of the world, there will always be obstacles to overcome, you will need help.- Michael H.
Today we finally got the approval for my husband’s green card- Aya B.
I have nothing but great things to say about him, and I would highly recommend everyone that needs this process to be completed to work with Ahmad.- Maria G.
He guided us through the whole process and was transparent with every step and his fees. The whole team filled us with ease and made us feel we were in good, experienced hands.- Former Client
He works hard to ensure we were taken care of. He treated us like family from the start to finish- Sara B.
I had been searching high and low for an attorney that wasn’t just trying to over charge me and by coincidence I found the best one.- Former Client
He represented me and made sure her application was approved.- Former Client
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