A request for a bond hearing is made via written motion and delivered either to the detention facility where the individual is held or the office of the immigration court having administrative control over the file and/or place of custody. The motion, in the interests of expediency, may be basic in nature and later supplemented with evidence. There are no numerical limitations on the number of bond hearings a detained individual may request. If there have been a change of circumstances in the individual’s case there may be a possibility that a new bond hearing can be requested and a bond issued by an immigration judge. A judge will consider a variety of factors when deciding whether or not to issue a bond and how much the bond will be. These factors include whether the immigration judge believes the detained individual to be a danger to the community or a flight risk.
When determining whether the detained individual is a danger to the community the judge will look to the individual’s criminal record. Obviously, if the individual does not have a criminal record the judge will not be able to make a determination that the community would be endangered if a bond is given. When determining whether the detained individual is a flight risk (a risk of not appearing in court in the future if released from custody) the judge will look to the individual’s ties to the United States (whether he or she has relatives with lawful status in the United States), duration of time living in the United States, application(s) the individual could qualify for if released from custody, and if the individual has a sponsor who is willing to care for them while being released. Our attorney for immigration bond in Houston and Texas will help you determine whether you or your loved is a good candidate for an immigration bond.
Sometimes individuals in ICE custody are placed into the Intensive Supervision Appearance Program (ISAP). This is a program administered by a private contracting company hired by ICE, which closely monitors the movements of non-American citizens in removal proceedings in an effort to ensure their compliance with court dates and other immigration-related appointments. ISAP is not utilized in every city or region, but the program is quickly expanding. ISAP involves a variety of methods: electronic monitoring (an ankle bracelet), curfews, weekly or monthly reporting, surprise home visits, even assistance with translations and the local bus schedule. As an individual demonstrates compliance, the restrictions are erased – the bracelet comes off and the curfew is expanded.
Is ISAP good for the non-American citizen in removal proceedings? It depends on the case. If an individual has no criminal record (or a minor record), relief from removal available, and family support in the community, there really is no good reason to have an electronic bracelet around his or her ankle or impose a curfew. This is an infringement on a person’s liberty that is uncalled for. However, ISAP could be an extremely effective bargaining tool in a contested bond case. In other words, when the case involves some complicated issues and either the judge, government attorney, or both, hesitate to order release on bond, the added safeguard of ISAP lends itself to the argument that the client should be released pending removal proceedings.
If you or a loved one need an immigration bond in Houston or Texas, call our law office immediately at (713) 999-9115.