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.
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.
Your expertise made it possible for my brother and his family to achieve their goals through the E2 process.- Former Client
Throughout the entire process Ahmad and his staff were responsive, professional and most of all comforting.- Former Client
He knows the laws inside and out. He won our case/appeal after 9 years!!!- Angel U.
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
Simple, American Dream Law Office Mr. Ahmad his team are the best Immigration attorney office in Tampa Bay area!!- Former Client
I am very grateful for your management !!- Former Client
He works hard to ensure we were taken care of. He treated us like family from the start to finish- Sara B.
4815 E Busch Blvd., Ste 206
Tampa, FL 33617 United States
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