Bond and Custody Hearing

How Do I Request a Bond Hearing?

It is your personal responsibility to request a Bond and Custody Redetermination Hearing because no one can do it for you. Dissimilar to your deportation case,. ICE will not provide you with information regarding a Bond Hearing,. so you must take on the responsibility of requesting this hearing yourself.

There are many ways to make this request, and the first step is to determine whether you have requested a Bond. and Custody Redetermination Hearing already. It is possible that in your Form I-286 you checked a box that states you “request a redetermination of this custody decision by an immigration judge.”

If this is the case, you have requested a Bond and Custody Redetermination Hearing. If you are unsure where to find this form, there are still other ways to request a Bond Hearing. You can also choose to request a in writing and mail it to the Immigration Court that presides over your case.

If you choose to request a Bond and Custody Redetermination Hearing through writing, make sure to include a copy of your Notice to Appear, your full name,. the facility where you are held in custody, and your A-number (alien registration number). Finally, you can request a Bond Hearing orally, at your Master Calendar Hearing. In this case, you do not need to submit any supporting documentation.

Your Immigration Judge will likely stop your Master Calendar Hearing and begin the Bond and Custody Redetermination Hearing. However, they may complete your Master Calendar Hearing and start your Bond Hearing afterwards,. or they may schedule for a future date.

 

Eligibility for Bond and Custody Redetermination Hearings

Bond and Custody Redetermination Hearings occur in Immigration Court and an Immigration Judge typically oversees them. During your Bond Hearing,. the Immigration Judge attempts to determine your eligibility for release on bond, and the amount of bond to set.

While every case is unique, there are certain factors that Immigration Judges typically consider during your Bond Hearing. The Immigration Judge presiding over your case. determines your eligibility for bond during your Bond and Custody Redetermination Hearing based on the following:

• The individual’s criminal record or potential danger to the community
• If the individual is a flight risk and possibly would not return for the resolution of their deportation case
• Whether or not the individual in custody has personal and/or economic connections to the community. This can include having a job, owning property, being involved in community organizations, and having a family.
• Whether the individual is financially capable of paying the bond
• Whether the individual is eligible for any form of immigration relief
• What the individual’s current immigration status is and if they have a history of deportation
• Evidence regarding the individual’s moral character

Other tips

It is very common for Deportation Hearings to occur months after being taken into custody,. so having a Bond and Custody Redetermination Hearing is the best way to ensure that you can remain with your loved ones for as long as possible.

Generally, you will only be given one opportunity to make your case in support of release on a bond, so you must be well prepared. If you need more time to prepare for your bond. hearing, it’s essential that you inform the Immigration Judge presiding over your case as soon as possible.

In the case that your request for release on bond is denied, or if you are unable to afford your bond, you will likely remain in custody during the period leading up to your Deportation Hearing.

 

If You Wish to Request a Bond and Custody Redetermination Hearing, Speak With an Immigration Attorney Today.

At Brooks Law, we know how devastating it can be when your loved one is detained and taken into custody. You are not alone in feeling scared and overwhelmed when this occurs. Hiring an immigration lawyer can help you understand whether you are considered eligible to receive a bond and build a strong case for your release.

Additionally, hiring an immigration attorney is likely your best chance at being released on a bond and being reunited with your loved ones. Our attorneys at Brooks Law are committed to tirelessly advocating on your behalf and ensuring that you spend as much time out of custody as possible.

We will support you through every step of the Bond and Custody Redetermination Hearing process and are highly skilled in building strong cases for bond requests.

If you are in need of an immigration attorney to assist with your Bond and Custody Redetermination Hearing, please give us a call at (617)-245-8090 for a consultation.