Immigration Bond Hearings in Charlotte

When a foreign resident is in the United States without proper authorization, they may be detained by the U.S. Department of Homeland Security’s Immigration and Customs Enforcement (ICE). In some cases, detainees might be eligible for release from custody by paying an immigration bond. Understanding the process and requirements for immigration bond hearings in Charlotte is crucial, as these hearings differ from removal proceedings. If you have questions about bond hearings or need assistance, consulting with an experienced attorney from Sussman Law Firm, PLLC as soon as possible is essential.

Who Is Eligible For a Bond Hearing?

An immigration bond allows Homeland Security to release a detainee while they await removal proceedings. The bond acts as a guarantee that the detainee will attend their court hearings. Often, a U.S. citizen will pay the bond on behalf of the detainee. This person is referred to as the obligor.

Detention can occur for various reasons, including overstaying a visa or other immigration violations. To start the bond hearing process, the detainee or their Charlotte immigration lawyer must request a hearing. Immigration courts evaluate several factors to determine bond eligibility, such as:

Whether the detainee was previously in the country under a valid visa
The detainee’s criminal history, particularly if it involves violent crimes or terrorism
Significant family connections to U.S. citizens
Any prior immigration law violations
The detainee’s employment history
The circumstances of their initial entry into the country
The risk of the detainee fleeing
Their overall likelihood of attending removal proceedings

Even minor criminal offenses, like driving under the influence, or a history of substance abuse, can influence the outcome of a bond hearing. The person requesting the bond hearing must prove they are not a flight risk and do not pose a threat to the community.

How Immigration Courts Set the Bond Amount

When a bond hearing is requested, the immigration court will schedule it as soon as possible. The court will consider many of the same factors for bond eligibility when deciding the bond amount. The minimum bond amount is $1,500 but can be set much higher, potentially reaching several thousand dollars.

There are three main types of immigration bonds:

Delivery Bond: Similar to a traditional criminal bond, requiring the detainee to return for their removal proceeding
Voluntary Departure Bond: Requires the detainee to voluntarily leave the United States within 30 days of a specified date
Order of Supervision Bond: Requires the obligor to ensure the detainee complies with an order of supervision

If the detainee adheres to all bond conditions, the obligor can receive a refund of the bond, regardless of the outcome of the removal proceeding. However, if the detainee fails to comply, the bond may be forfeited.

You Can Appeal Your Bond Hearing Decision

Given that bond amounts can be quite high, many individuals may struggle to afford the required amount. If you believe your bond amount was set too high, you can appeal the bond hearing decision. Our team could assist with the appeal process, which involves filing with the Board of Immigration Appeals. Appeals must be filed within 30 days of the immigration judge’s decision. Importantly, the bond hearing decision remains in effect while the appeal is pending, and there is generally no fee to file an appeal.

Call a Charlotte Attorney Today For Information About Immigration Bond Hearings

The bond hearing process can seem daunting and formal. Hiring an attorney could significantly impact your ability to prepare a strong argument and present relevant evidence. Let our team guide you through the process, advise you on necessary documentation, and work to achieve the best possible outcome for your bond hearing. If you or a loved one is facing an immigration bond hearing in Charlotte, reaching out to Sussman Law Firm, PLLC as soon as possible can make all the difference in navigating this challenging situation.