SHOULD I APPLY?
Except for certain criminals, terrorist and arriving noncitizens, once a noncitizen is detained by immigration officials or in immigration custody and subject to removal proceedings, he or she is eligible for a bond. Noncitizens with final orders of removal, which have not been executed within 90 days, are also eligible for release under supervision. If eligible for bond, the minimum statutory amount that the District Director or Immigration Judge can set the bond for is $1500.00.
If your bond is set at an amount you believe unfairly high, you may request a bond redetermination hearing aka a “Joseph Hearing”. At this hearing the IJ can rule to keep your bond the same, lower your bond or even raise your bond.
When a noncitizen is arrested, immigration may be alerted of your incarceration. If immigration issues a detainer or “ICE hold”, they are requesting the state official to continue to hold you for up to 48 hours after your release in order to give them time to pick you up from the criminal facility and to put you in immigration custody. There they will initiate removal or deportation proceedings against you. If you are not a mandatory hold, a flight risk, or a danger to the community you should be eligible for a bond.
Not sure if you are eligible to apply for a certain immigration benefit? Here you can find general information on who can apply, how to apply and what you can expect to happen in the application process. If you still have questions of whether you would be a good applicant and would like to schedule a low cost consultation or have an attorney review your self-prepared application before you file it, click on the link below and schedule your consultation today.