Louisiana immigration attorneys at Liberty Law Group have a lot of experience obtaining immigration bonds on behalf of their clients. The first question to ask is whether you are even eligible for an immigration bond.
There are certain classes of immigrants who fall under the category of "mandatory detention." Individuals subject to mandatory detention are as follows: (1) persons who are inadmissible to the United States for having committed an offense described in INA 212(a)(2) (e.g. crimes involving moral turpitude) and drug crimes; (2) persons who are deportable for having committed any offense described in INA 237(a)(2)(A)(ii) (multiple crimes involving moral turpitude), INA 237(a)(2)A)(iii) (aggravated felony), certain drug offenses, certain firearm offenses, crimes related to espionage; (3) persons deportable under INA 237(a)(2)(A)(i) (persons convicted of crimes involving moral turpitude within five years of admission and sentenced to a year or more; and (4) persons deportable for having committed certain terrorist activities.
In addition to the individuals subject to mandatory detention under certain criminal grounds, "arriving aliens" or persons coming into the United States at a port of entry are also subject to mandatory detention. This means that if you presented yourself for inspection and admission at a check point along the border, you won't be eligible to ask that the immigration judge give you a bond. Ironically, those individuals who cross the border illegally are eligible for bond.
Once it has been determined that you are not an arriving alien, the next question is whether your individual case merits a bond. In looking at this question, the immigration judge in your case will want to answers to the following two questions: if given bond, are you a (1) danger to the community; or (2) flight risk? If you are convicted of any type of crime of violence such as domestic violence, assault, battery, or the like this will almost always result in a denial of a request for an immigration bond. Some more difficult questions involve less obvious crimes such as DUIs or reckless driving charges. These charges would have to be looked into a bit more closely. The date or recency of the DUI charge is critical in answering this question. The further away in time the charge was, the lesser impact it will have on your bond request. Did you attend any type of rehabilitation class? That is also an important question. There are no bright line rules for this, but each case would need to be evaluated on its own merits. It is critical that if you have a DUI on your record and are asking the immigration judge to give you a bond, you will need to supply the immigration judge with a copy of the charging documents so that the judge will have an opportunity to review the facts of your specific DUI charge.
In Matter of Guerra, 24 I&N Dec. 37 (BIA 2006), the Board of Immigration Appeals set forth a list of factors which all immigration courts should consider when determining whether a detainee presents a flight risk. This list is set forth below:
As previously mentioned above, Louisiana immigration lawyers at Liberty Law Group have substantial experience requesting immigration bonds on behalf of their clients. If you have a loved one in detention and would like to discuss the possibilities for obtaining an immigration bond on behalf of your family member, give us a call today for a free consultation.
There are certain classes of immigrants who fall under the category of "mandatory detention." Individuals subject to mandatory detention are as follows: (1) persons who are inadmissible to the United States for having committed an offense described in INA 212(a)(2) (e.g. crimes involving moral turpitude) and drug crimes; (2) persons who are deportable for having committed any offense described in INA 237(a)(2)(A)(ii) (multiple crimes involving moral turpitude), INA 237(a)(2)A)(iii) (aggravated felony), certain drug offenses, certain firearm offenses, crimes related to espionage; (3) persons deportable under INA 237(a)(2)(A)(i) (persons convicted of crimes involving moral turpitude within five years of admission and sentenced to a year or more; and (4) persons deportable for having committed certain terrorist activities.
In addition to the individuals subject to mandatory detention under certain criminal grounds, "arriving aliens" or persons coming into the United States at a port of entry are also subject to mandatory detention. This means that if you presented yourself for inspection and admission at a check point along the border, you won't be eligible to ask that the immigration judge give you a bond. Ironically, those individuals who cross the border illegally are eligible for bond.
Once it has been determined that you are not an arriving alien, the next question is whether your individual case merits a bond. In looking at this question, the immigration judge in your case will want to answers to the following two questions: if given bond, are you a (1) danger to the community; or (2) flight risk? If you are convicted of any type of crime of violence such as domestic violence, assault, battery, or the like this will almost always result in a denial of a request for an immigration bond. Some more difficult questions involve less obvious crimes such as DUIs or reckless driving charges. These charges would have to be looked into a bit more closely. The date or recency of the DUI charge is critical in answering this question. The further away in time the charge was, the lesser impact it will have on your bond request. Did you attend any type of rehabilitation class? That is also an important question. There are no bright line rules for this, but each case would need to be evaluated on its own merits. It is critical that if you have a DUI on your record and are asking the immigration judge to give you a bond, you will need to supply the immigration judge with a copy of the charging documents so that the judge will have an opportunity to review the facts of your specific DUI charge.
In Matter of Guerra, 24 I&N Dec. 37 (BIA 2006), the Board of Immigration Appeals set forth a list of factors which all immigration courts should consider when determining whether a detainee presents a flight risk. This list is set forth below:
- Whether the person has a fixed address in the U.S;
- The length of residence in the U.S.;
- Family ties;
- Employment history;
- Record of appearance in court;
- Criminal history (including recency and seriousness of crime)
- History of immigration violations;
- Attempts to flee prosecution; and
- Manner of entry into the U.S.
As previously mentioned above, Louisiana immigration lawyers at Liberty Law Group have substantial experience requesting immigration bonds on behalf of their clients. If you have a loved one in detention and would like to discuss the possibilities for obtaining an immigration bond on behalf of your family member, give us a call today for a free consultation.