Deportation Defense
Bond/Parole Request
Bails/Conditional freedom
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The Department of Homeland Security (DHS) may arrest and detain foreign nationals during removal proceedings pending actual removal from the U.S. Some foreign nationals are eligible to request release on their own recognizance, bond, or parole. Those with certain criminal offenses are subject to mandatory detention.
Upon arrest, the DHS will initially make a custody determination. If DHS declines to grant a bond, or grants a bond in an amount the foreign national considers too high, the foreign national may appeal this decision by requesting a bond redetermination hearing before an immigration judge. A bond hearing is a separate hearing from the main removal proceeding.
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Both the DHS and the foreign national may appeal the immigration judge’s bond decision to the BIA. The appeal, however, will not interrupt or postpone the removal proceedings. If the foreign national’s circumstances materially change after the initial bond hearing, he/she may request a subsequent redetermination hearing. The bond may be revoked at any time, although the revocation is subject to administrative review before the BIA.
Requesting Bond
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Most detained individuals in removal proceedings, except those convicted of certain crimes, are eligible for bond. The immigration judge is not required to set bond in any case. If a bond is set, however, the minimum amount is $1,500. Depending upon the foreign national’s personal circumstances, immigration and criminal history, the bond amount set can potentially be much higher.Bond is intended to ensure that the foreign national appears at all future immigration hearings. Bond is not intended as a punishment. It is important to note that either side may appeal the immigration judge’s bond decision. If DHS appeals the bond decision, the foreign national may be required to remain detained until the appeal is decided.
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A foreign national requesting a bond must provide evidence to show that he/she will appear at all future hearings and is not a threat to person, property or national security. The immigration judge will evaluate the bond request by considering the foreign national’s:
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Local family ties.
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Prior arrests and convictions, and appearances at hearings.
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Employment.
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Membership in community organizations.
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Manner of entry and length of time in the US.
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Immoral acts or participation in subversive activities.
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Financial ability to post bonds.
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Property in the US.
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Previous immigration violations.
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Defenses to immigration charges.
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Eligibility for relief.
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Humanitarian factors (for example, a seriously ill spouse or child).
Requesting Parole
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Certain individuals, who are ineligible for a bond hearing before an Immigration Judge, may be eligible to request parole. Parole is a process by which the government allows a person to remain in the US free from detention while removal proceedings move forward. A parole request must be made to the DHS, and decisions are based on the following factors (same as considered when redetermining bond):
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Local family ties.
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Prior arrests and convictions, and appearance at hearings.
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Employment.
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Membership in community organizations.
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Manner of entry and length of time in the US.
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Immoral acts or participation in subversive activities.
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Financial status.
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Property in the US.
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Previous immigration violations.
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Defenses to immigration charges.
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Eligibility for relief.
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Humanitarian factors (for example, a seriously ill spouse or child).
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Parole is automatically terminated upon the individual’s departure from the US.