One of the most common questions we receive here, PLLC is how to get a relative out of immigration detention with an immigration bond. When an immigrant is in the deportation process, Immigration and Customs Enforcement (“ICE”) often stops an immigrant at the beginning of the deportation case. It is possible for an immigrant to remain in the local jail, but immigrants are more likely to remain at Farmville Detention Center. In many cases, the immigrant can obtain bail and be released during the remainder of the deportation process.
If a bail bond agent should be used
A guarantor of bail is an external company that is an insurance surety and pays for the bail-in total for a non-refundable price. If possible, you must pay for the bond and do not use a bond guarantor. The reason is simple. If you pay the bond, when the case ends, all the payment is returned. If a bond guarantor is used, pay an amount that nothing is returned. The only time a bail bondsman should use is if he can not pay the full bail amount, even with the help of family and friends. visit BondCliff`s official website for more information.
The local jail and immigration detention
Usually, an immigrant is brought to immigration detention because he received a jail sentence. Local jails in Virginia work with ICE to find and determine the immigration status of each person taken to jail. The officer will take the immigrant’s fingerprints and ask herself. Then compare the results with a national database. If ICE determines that the person must be in the judicial process of deportation, it issues an arrest warrant. It is important to recognize that paying bail for the criminal charge of the local jail cannot remove the immigrant from immigration detention if ICE issues an arrest warrant.
The first step in detention – determining parole
Initially, when an immigrant is brought into the custody of ICE, the immigration agent can decide if the immigrant should remain in detention during the judicial process of deportation. The agent has the option to stop the immigrant or, at his discretion, put the immigrant at liberty. It is more common to put the immigrant at liberty for humanitarian reasons-as if the immigrant is sick or if he is the only caregiver for a child. If the agent decides not to release, the immigrant will be transferred to an immigration detention facility until he has his court date. In Virginia, the largest facility is the Farmville Detention Center. The Arlington immigration court serves all of Virginia. To search for an immigrant who is in the custody of ICE, use “ICE detainee locator”
Applying for the bail of the immigration court
When an immigrant is brought to the immigration detention center and the judicial process of deportation has begun, a bail motion with the court can be filed. The cut is interested with two factors-risk of flight and danger to the community. Every effort must be made to present evidence that the immigrant is not a flight risk and is not a danger to the community. The immigration court can give a bond of at least $ 1,500. But usually, a bond is between $ 5,000 and $ 10,000.
To show that the immigrant is not a flight risk, it is useful to establish ties to the community. It must be established where the immigrant has lived in the US, and for how long. If the immigrant has relatives who are citizens or permanent residents living in the US, proof of this must be provided, such as copies of birth certificates and passports. A copy of the immigrant’s lease or proof of possession of the property is also useful. Letters from employers, friends, and family supporting and testifying of the good character of the immigrant are useful to establish ties with the community.
To show that the immigrant is not a danger to the community, he must address some previous conviction or criminal charge. The Department of Homeland Security (DHS) has access to local reports and states. If possible, it is important to show that the immigrant has taken steps to correct previous crimes, such as alcohol counseling or a domestic violence program.
Paying bail and release from immigration detention
Bail Bonds can be paid Monday through Friday between 9 am: 00 am and 3:00 pm. When bail is paid, the immigrant is released from detention and the case in the immigration court is still on the list of cases of immigrants who are not detained. This typically puts the case on a longer schedule.
After paying the bail and the immigrant is released
After paying the bail and the immigrant is released, it is important to note the upcoming immigration court dates. It must be sure that the address is updated because all court notifications are sent to the archived address.