HOW TO FIGHT YOUR
DEPORTATION, Part Two
In the first segment of this series, I discussed what to do
if you are arrested by Immigration (ICE).
In short, don’t sign anything and you will likely be able to fight your
deportation in court.
Once you tell ICE that you want a court hearing, you also
can ask for your release on bond, so you can be reunited with your family while
your case moves forward. Below, I will
explain how to convince the immigration judge that you deserve to be free on
bond, to make the bond as low as possible, and to get the bond paid and get out
of immigration custody.
How is the bond set.
If
a person is detained but eligible for bond, the government will often set an
initial bond amount. ICE under the
Trump Administration has been setting bonds higher than in previous
administrations or often dismissing deportation cases altogether. We can expect that ICE under Trump will set
bonds at $10,000 or higher, even for immigrants without any real criminal
record. But this can be lowered by an
immigration judge.
In
most cases, you have the right to ask the immigration court for a bond
re-determination hearing. The
immigration court will then consider the arguments you make and often lower the
bond set by ICE.
In
setting the amount of bond, the judge will look at a number of criteria. The most important criterion is whether the
person is a “flight risk”; that is, whether he would likely come back to court
if released. In making that decision,
the judge will consider factors which tend to show good moral character on the
part of the individual held. These
factors include:
- Relatives in the United States: does the person
have relatives here who are in legal status? Do they have a citizen or permanent
resident spouse or child?
- Employment: does the person have a regular job
and income?
- A residence: does the person have a
place to live if released?
- Immigration Court History: Has
the person ever failed to show up in court on any of his prior criminal or
immigration cases? Can they show the judge that they always went to court when
required to do so in the past?
- Tax Records: has the person paid his taxes in
the U.S.?
- Eligibility for Relief: What immigration status does the person
qualify for? Do they have an
immigrant petition filed by a relative?
Or can one be filed? Do they have a credible argument that they
would fear persecution in their home country? Do they qualify for some other status
here?
How
to Pay the Bond.
Once the bond is
set, a relative or friend can post the bond if they can show that they are a
U.S. citizen or lawful permanent resident.
That person must agree to be responsible for ensuring that the person
attends any immigration hearing or interview whenever requested to do so.
The person posting the bond will need to know the last name of the
person in ICE custody and their “A” number--the case number which begins with A
followed by 9 numbers. The bond
can be paid with a cashier’s check from a bank, or a money
order – not by cash or personal check.
In San Francisco,
the person paying the bond must present the money in person at the immigration office located at: 630 Sansome Street, 5th
Floor. Hours are: Monday – Friday, 8:00am
to 3:00pm.
If
you pay the bond directly to the government, the bond money will be returned to
your family only when your court case is completed and only if you have
complied with the court’s order, even if that order is to leave the country.
Next
post on this topic will deal with how to fight and possibly win your
deportation case in the Immigration Court.
************************************************************************
CHRISTOPHER
A. KEROSKY of the law firm of KEROSKY PURVES & BOGUE has practiced law over
25 years and has been recognized as one of the top immigration lawyers in Northern
California for 10 years by “Super Lawyers”.
He graduated from University of California, Berkeley Law School and was
a former counsel for the U.S. Department of Justice in Washington D.C.
WARNING: The foregoing is an article discussing legal issues. It is not
intended to be a substitute for legal advice. We recommend that you get
competent legal advice specific to your case.
