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Immigration Bonds And Mandatory Detention Your Dream is My Dream

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
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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.

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At American Dream Law Office, PLLC, your dream is my dream, and it shows in our reviews! See for yourself what our clients have to say about working with us.

    "I will use his office again in the future for our Citizenship application"
    The USCIS was frustratingly slow but his office was always reassuring that we were on track. He even fixed the issue for us when USCIS dropped the ball on our case.
    - Stephen S.
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    He knows the laws inside and out. He won our case/appeal after 9 years!!!
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    Ahmad is very knowledgeable and does an excellent job of proactively communicating. He genuinely cares about his clients.
    - Former Client
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    Ahmad and his team guided us the whole Way.
    - Former Client
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    I know he may seem like he's in a hurry sometimes but he does his job well.
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    He made me feel comfortable through my journey on becoming a US citizen.
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    "Blessings and best wishes"
    Although initially, due to my previous experiences, I doubted that I would ever have a favorable outcome regarding my status, he was able to give me the validation that I needed and ultimately a successful conclusion, putting this chapter of my life behind
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    had a complicated situation, he was patient thorough and professional.
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