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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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Making a Difference in Our Clients' Lives

Read Our Five-Star Client Testimonials

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.

    "Going out of his way to help immigrants"
    He listens well and knows the right solution for your unique type of case.
    - Lelia A.
    "Professional job"
    The best and more loyal Lawyer I met in my life
    - Abed H.
    "Professional, detail oriented, knowledgeable!"
    Simple, American Dream Law Office Mr. Ahmad his team are the best Immigration attorney office in Tampa Bay area!!
    - Former Client
    "He is an excellent person who cares"
    I know he may seem like he's in a hurry sometimes but he does his job well.
    - Anais R.
    "He is on top of the game"
    He knows the laws inside and out. He won our case/appeal after 9 years!!!
    - Angel U.
    "I couldn’t have asked for a better man to help me"
    had a complicated situation, he was patient thorough and professional.
    - Former Client
    "Great group of honest and professional people"
    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 actually received my letter"
    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.

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