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The basics of bond hearings for people detained by ICE

by | Apr 9, 2020 | Firm News

People from all over the world have come to California to live for a period of time or indefinitely. In order to stay here legally people must have legal status such as a school or work visa, a green card or other legal grounds to be here. If people present themselves at the border without being legally admitted, never obtained a legal basis to be in the United States  or are here after a visa expires, they risk potentially being detained and eventually deported.

If people are detained by Immigration and Custom Enforcement (ICE), the agency must determine whether they are going to place people in removal proceedings. If it does place them in removal proceedings, it can set release conditions for people during the removal proceeding process. Sometimes ICE determines that certain people cannot be released, depending on their circumstances. In other situations, the agency sets bond too high, and people are unable to pay it and end up remaining in custody.

If people are going to remain in custody after ICE sets release conditions, people do have the opportunity to request that an immigration judge release them, lower the bond or change the release conditions in what is referred to as a bond hearing. There are certain criminal convictions that make people ineligible for release. However, if people are eligible for release, the judge can release them or the lower bond amount if he or she decides that they are not a danger and will return for their future hearings.

In summary, many people in California are detained each year by ICE. These people could go through removal proceedings to determine if they will be deported. During this process, people do have the opportunity to be released by potentially paying bond and following certain conditions while being released. Under the current administration, ICE efforts to detain foreign nationals especially in sanctuary cities like California has increased tremendously.

Even during the COVID-19 pandemic, immigration courts continue to hear detain cases. If you or someone you know are at risk of being detained by ICE or is currently detained by ICE, you need to talk to an expert attorney to assist in these difficult times. At Yemi Getachew Immigration Law office we are open and helping everyone with their bond hearings, and or discussing options for those who are at risk of being detained. Contact us at 408-292-7995 to set up a consultation appointment with an attorney.