Bond Hearings
Immigration Bond Hearings
Few experiences are more frightening than learning that a family member has been taken into immigration custody. Seemingly out of nowhere, they’re taken to a detention facility with no sign of when or whether they’ll be released. At this point, every hour matters.
Immigration detention is not a criminal sentence, but a civil detention. In many cases, the person detained has the right to request release on bond while their immigration case proceeds. But that right must be exercised quickly, strategically, and with an attorney who knows how to fight for it. That’s why it is crucial that you call The Pablos Law Firm, P.C. at (915) 543-9100 right away.
What Is Immigration Detention?
When U.S. Immigration and Customs Enforcement (ICE) detains a non-citizen, it may place that person in immigration detention. This is a civil holding facility where those who are detained are held while their immigration case is processed. Detention can occur in a number of circumstances, including:
- An ICE arrest in the community following a removal order or criminal conviction
- A referral from local law enforcement following an arrest or traffic stop
- Apprehension anywhere in the United States if suspected of being here illegally
- A return to the United States after international travel that triggers inadmissibility
- Detention at a port of entry
Immigration detainees are normally held at ICE detention facilities all over the United States, and can be moved from one facility to another, often without prior notice, depending on capacity and circumstances.
The Right to a Bond Hearing
Many detainees are entitled to a bond hearing, but not everyone. Most non-citizens detained by ICE who are not subject to mandatory detention have the right to request a bond hearing before an immigration judge. At that hearing, the judge determines whether the individual should be released and, if so, at what bond amount.
However, recent legal decisions have mandated that certain categories of non-citizens be detained without the possibility of bond. These include individuals who:
- Have been convicted of certain criminal offenses, including aggravated felonies, crimes involving moral turpitude, drug offenses, and firearms offenses
- Have been apprehended at or near the border without prior lawful admission
- Have a final order of removal
- Are deemed a threat to national security
If mandatory detention applies, bond is not available through the standard process. However, other avenues, including habeas corpus petitions in federal court, may exist in some circumstances. We will evaluate your situation carefully to determine what relief is available.
Evidence That Supports Release
The outcome of a bond hearing often comes down to the evidence presented. We work quickly to gather and organize the documentation that demonstrates our client’s ties to the community and suitability for release. This typically includes:
- Letters of support from family members, employers, clergy, and community leaders
- Evidence of long-term residence in the United States
- Proof of employment or a job offer upon release
- Documentation of U.S. citizen or permanent resident family members, particularly spouses and children
- Evidence of homeownership or stable housing
- Records of community involvement, church membership, or volunteer activity
- Documentation of any pending immigration applications or relief
- Evidence of rehabilitation, counseling, or treatment relevant to criminal history
- Tax records and financial documentation
The strength and organization of this evidence package can make the difference between release and continued detention. The Pablos Law Firm, P.C. prepares bond hearing packages thoroughly and presents them persuasively.
Why Choose The Pablos Law Firm, P.C.
Detention cases require urgency, and we move swiftly to meet your immediate needs. When a family member calls us about a loved one in custody, we begin work immediately. Our dedicated team will locate the detainee, assess their eligibility for bond, and request a hearing as quickly as possible.
As members of the El Paso community, we are familiar with the judges, the procedures, and the standards applied in bond hearings in this jurisdiction. That familiarity matters when we are preparing our argument and anticipating the government’s position. When you work with The Pablos Law Firm, P.C., you’re getting:
- Over 20 years of experience
- Locally owned & operated business
- Clear and continuous communication in both English and Spanish
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Professionals recognized by several legal associations
○ American Immigration Lawyers’ Association (AILA)
○ American Bar Association (ABA)
○ Texas Bar Association
○ El Paso Bar Association (EPBA)
Frequently Asked Questions
How do I find out where my family member is being detained?
ICE maintains an online detainee locator at ice.gov that allows family members to search for detained individuals by name, country of birth, and date of birth. If you are having difficulty locating a detained family member, contact us immediately and we will assist.
How quickly can a bond hearing be scheduled?
It depends on the immigration court’s docket. In El Paso, bond hearings can sometimes be scheduled within days of a request, though timing varies. We request hearings as quickly as possible and follow up with the court to move the case along.
What if my family member has a criminal record? Can they still get bond?
It depends on the nature of the offense. Certain criminal convictions trigger mandatory detention, which eliminates standard bond eligibility. Others do not. We evaluate the detainee’s criminal record carefully to determine whether mandatory detention applies and, if not, how to address the record at the bond hearing.
Can ICE re-detain someone after they are released on bond?
Yes, in certain circumstances. If the released individual fails to comply with the conditions of their release, commits a new offense, or becomes subject to a final order of removal, ICE may re-detain them. We advise clients on their obligations after release and the importance of complying fully with all conditions.
What happens to the bond money if my family member is deported?
If the detainee attends all required immigration court hearings and complies with the conditions of release, the bond is returned at the conclusion of the case (even if the outcome is removal). If the detainee fails to appear for a hearing, the bond is forfeited.
My family member has been detained for months with no resolution. What can we do?
Prolonged detention without a final order of removal may give rise to a constitutional challenge under the Supreme Court’s precedent. After six months of post-order detention, if removal is not reasonably foreseeable, the detainee may be entitled to release. We evaluate prolonged detention situations and advise on available options including habeas corpus petitions in federal court.
Can my family member be released while their deportation case is still going on?
Yes. Bond release does not resolve the underlying immigration case, but it allows the detainee to remain in the community while the case proceeds before the immigration court. The detainee must attend all scheduled hearings and comply with all conditions of release.
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Contact Us Today
If you or a loved one is facing an immigration bond hearing, don’t navigate the process alone. Our experienced immigration attorneys are here to guide you every step of the way, from preparing your case to representing you in court. Contact The Pablos Law Firm, P.C. online or call (915) 543-9100 today for more information about immigration bond hearings.