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.
He listens well and knows the right solution for your unique type of case.- Lelia A.
The best and more loyal Lawyer I met in my life- Abed H.
Simple, American Dream Law Office Mr. Ahmad his team are the best Immigration attorney office in Tampa Bay area!!- Former Client
I know he may seem like he's in a hurry sometimes but he does his job well.- Anais R.
He knows the laws inside and out. He won our case/appeal after 9 years!!!- Angel U.
had a complicated situation, he was patient thorough and professional.- Former Client
Overall considering the emotional roller coaster you go through personally during the process, Ahmad and his Team always made sure I was kept informed of any new developments good or bad.- Mark F.
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.
4815 E Busch Blvd., Ste 206
Tampa, FL 33617 United States
BY APPOINTMENT ONLY St. Petersburg
8130 66th St N #3
Pinellas Park, FL 33781
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1060 Woodcock Road
Orlando, FL 32803, USA
By Appointment Only New York City
495 Flatbush Ave. Second Floor
Brooklyn, NY 11225, USA
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66 W Flagler St 9th Floor
Miami, FL 33130, United States
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1201 Connecticut Ave NW Suite 600
Washington, District of Columbia 20036