To get a bond, first an Immigration Judge will determine whether or not a person is eligible. Certain people are not eligible for a bond. For example, people who self-surrendered at a port-of-entry and are classified as arriving aliens will not be eligible for bond. People with prior deportations will not usually be eligible for bond. People who have committed certain crimes (such as drug crimes) will not be eligible for bond. Please see below for more information about crimes and bond eligibility. Each case is unique. It is extremely important to speak with us as soon as possible if a loved one is detained.

If a person does qualify for bond, the Immigration Judge will next consider two questions:
1) Is this person a danger to the community, to their family, to themselves, or to property?
2) Is this person a flight risk, or, in other words, how likely is this person to attend their court hearings in the future if they are released?

If the Judge feels that the person might be a danger or a flight risk, the Judge will deny bond. The Judge is free to consider any evidence available to them to determine flight risk or danger. This means that the Judge will look at all past arrests, police reports, and prior immigration history.

Other reasons a Judge might deny a bond is when a person who has been convicted of a DUI offense may be considered a danger to the community and an immigration judge can deny a bond for that reason alone. The Judge will also consider whether or not the person was caught crossing the border or has established residence in the United States. Someone who does not have an immediate relative who is US Citizen or Lawful Permanent Resident may be considered an extreme flight risk because they do not qualify for 42b Cancellation of Removal.

To get a bond, a detained person will need to provide the Judge with documents. An immigration attorney will help you figure out what documents the Judge will want to see in your case.

It is important to note that there are many different Immigration Judges, and some Judges are more likely to give bonds or deny bonds than other Judges. There is no way to know with certainty how a Judge will rule in a bond case. Each case is different and it is important to discuss your particular case with your immigration attorney. If you are not eligible for a bond or the Judge denies bond, then you will be detained while you fight your deportation case. But don’t worry, we have won many cases while someone was detained, even after the Judge denied bond.

But no matter the circumstances someone might have, the first step is to get in contact with an attorney as soon as possible. The bond process is a very sensitive one and an individual may only get one opportunity at a bond. A mistake at any point in the process can result in your loved one not getting a bond or result in their deportation.