How to get a bond in immigration court:
Attorney Lown is a highly qualified Boston attorney and is available to help you obtain a bond for your family member.
How do I request an immigration bond hearing?
You can ask for a bond for your spouse, boyfriend or girlfriend, or they can submit the request themselves. When your loved one was arrested an immigration officer may set an initial bond amount. The request for bond is therefore considered a “bond redetermination request.” This request must be submitted to the immigration court and to the Department of Homeland Security which is the office that prosecutes your family member’s removal or deportation case. You should work with an attorney to ensure that your request is properly submitted and has supporting documents that will help obtain an affordable bond.
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Attorney Zachary Lown, Principal Attorney
How much does an immigration bond cost?
Not everyone is eligible for bond. If the person is eligible for bond, the minimum amount is normally $1,500. A recent court decision by a federal judge in Massachusetts requires the immigration judge to consider a person’s ability to pay in determining how much bond is necessary to ensure that the person will come back to court. In addition, this decision directs the immigration judge to consider alternatives to bond such as placing the person on a GPS. Further, there is a presumption of liberty because the burden is on the government to prove that the person is dangerous or is a flight risk.
How does a judge determine the bond amount?
Factors that a judge may consider important in setting bond include:
whether the immigrant has a fixed address in the United States;
the immigrant's length of residence in the United States;
the immigrant's family ties in the United States;
the immigrant's employment history;
the immigrant's record of appearance in court;
the immigrant's criminal record, including the extensiveness of criminal activity, the recency of such activity, and the seriousness of the offenses;
the immigrant's history of immigration violations;
any attempts by the immigrant to flee prosecution or otherwise escape from authorities; and
the immigrant's manner of entry to the United States.
How do I find a bond attorney near me?
To find a bond attorney in Boston use the contact information provided below.