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Immigration: Bond hearings

Contact a New Jersey Immigration Lawyer to Assist with your Bond Hearings

If someone is detained by ICE (the enforcement branch of the former INS), a bond hearing before an immigration judge may be scheduled at the request of the detained individual.  Effective representation by a New Jersey immigration attorney is crucial in such proceedings. This is because the hearing judge usually decides the bond that must be paid for the individual to be released.

A bond is a cash security posted to ensure that a person will appear at all future court hearings.  If the person fails to appear for a court hearing, that person could be ordered removed in absentia (which is called a “breach of bond”). That means you lose the money that you, or perhaps loved one, posted.  

The amount of bond required to secure an individual’s release will depend on the facts of a person’s case.  Under the law, the least amount of bond is usually $1,500.  Some people are released from ICE custody without having to post a bond.  Others, who may be considered a flight risk, may have to pay substantially more to be released on bond. 

Also, some people who are eligible for bond may be released under the Intensive Supervision and Electronic Monitoring Device Program (EMD).  Under this program, some may have to wear an electronic device to track their movement. Some people may have to make periodic call-ins to ICE, or they may be subject to visits by ICE officials to their home. 

Some individuals are not eligible for bond.  People subject to mandatory detention are not permitted to be released on bond.  Certain criminal convictions will require an individual be detained, and there is no review of the person’s eligibility for bond.

Our immigration attorneys in New Jersey are able to assist you in requesting bond before an immigration judge.  We understand what information both the judge and the government’s attorney need to qualify you or a loved one for the lowest amount of bond required under the law.

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Helmer, Conley & Kasselman, P.A.

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