At Pozo Goldstein, LLP, we are here to help you with immigration bonds to the best of our ability. Get in touch with our New York immigration attorneys now.

When the Immigration and Customs Enforcement (ICE) detains an illegal alien, the Immigration Agent or Judge will determine the monetary amount that must be paid before the alien can be released. This amount is referred to as an immigration bond.

Similar to other types of criminal bonds, an immigration bond acts as an agent of guarantee that the alien who was released from detention will appear for all of his or her immigration court hearings, as well as complete other expectations required of persons in this type of situation.

An alien who is released from detention through an immigration bond must also be prepared to report to Immigration at any time that he or she is asked to do so, as well as depart from the United States upon order from the Immigration Judge.

Why work with Pozo Goldstein, LLP?

If, for any reason, the person who was bonded out of ICE detention fails to fulfill any one of the requirements expected of him or her, then the bond will be automatically forfeited and the money will be kept by the government. For this reason, it is extremely important that bonded persons take care to fully execute every requirement expected of them. To ensure that the bond money that was paid on your behalf is not lost, you can enlist the professional legal guidance of a New York immigration lawyer at Pozo Goldstein, LLP.

Retaining the services of an attorney at this time is not only important for ensuring that you appear at all hearings on your behalf, but it is also important because being released on a bond does not necessarily mean that you will be permitted to remain in the U.S. permanently. An immigration bond only allows for the release from immigration detention. In order to protect your right to remain in the U.S. after being detained, you need to work with a qualified attorney who can help defend you against any criminal allegations that are made against you that could jeopardize your ability to remain in the country.

Not all detainees will be released on a bond!

If you or someone you know has been detained in immigration detention, you cannot assume that you will be released on a bond. Generally, bonds are reserved for a select group of people who have been determined eligible based on their circumstances.

The criteria that is used to determine whether or not an immigration detainee can be released on a bond depends on a number of factors. For example, if an order has already been made for the deportation of an immigrant, but said immigrant never actually left the U.S. then he or she will not be allowed release from detention on a bond.

Other conditions that would disqualify a person from being released from immigration detention on a bond include criminal convictions, missed court hearings in the past, and more. A number of variables will be considered when it comes time to make a decision about the bonded release of a detainee, at which time it could be extremely beneficial to have an experienced lawyer on your side and advocating on your behalf.

How the ICE Determines Bonded Releases

As we mentioned above, not all immigration detainees can benefit from being released on bond. Assuming that the alien is not subject to mandatory detention based on his or her criminal or terrorist record, the local ICE office has the power to make the initial custody and bond determination.

As defined in 8 USC § 1226 of the Immigration and Nationality Act, an arrested individual can be released on bond or on his or her own recognizance. The release of a non-citizen will only be permitted if the alien can satisfactorily demonstrate to the officer that the release would not in any way pose danger to other property or persons. Among the most commonly considered factors when making this type of determination are:

  • Prior criminal activity, i.e. arrests, convictions, appearances at hearings
  • Immoral acts and / or participation in treasonous activities
  • The manner of entry and length of time spent in the U.S.
  • Membership in community organization(s)
  • Financial ability to post bond
  • Local family ties
  • Immigration Bond FAQs

    As legal professionals who’ve been working in the field for more than 90 collective years, we recognize that the aspects of an immigration bond can be both complex and difficult to understand if you’re not familiar with the law. To ease the stress and worry of our clients, we make ourselves available 24/7 to provide support to all persons under our representation.

    Below, you can find answers to some of the questions that we are asked most frequently about immigration bonds. If you have additional questions or concerns, we encourage you to contact our office today to speak directly with an attorney about the nature and circumstances of your case.

    Why is my family member being detained?

    Immigration agents make arrests and detainments when they have reason to believe that a non-citizen is in the U.S. illegally, i.e. without a valid visa or another form of valid documentation. An agent may also make an arrest and detention if he or she has reason to believe that the non-citizen could be deported for some reason.

    How do I know if my arrest was made unlawfully?

    The best way to determine whether or not foul play was at hand when your arrest was made is by aligning yourself with an attorney from our firm. There are also a few key aspects that can be considered at this time, such as who made the arrest. A number of different types of immigration officials can make an arrest and subsequently detain a non-citizen.

    If the immigration official can prove that he or she has reason to believe that the alien was somehow in violation of an immigration law or regulation and could escape before a warrant could be obtained, then the officer can make the arrest without a warrant. At Pozo Godlstien, LLP, we can review the details of your arrest in order to determine whether or not it was made lawfully.

    Who pays for the bond?

    Bonds can be paid for by any number of individuals. So long as the person who wishes to pay the bond is of legal U.S. status, then he or she can make a payment at the Immigration and Customs Enforcement office. Assuming that the person who is released on bond promptly appears at all of his or her hearings, and either wins the case or departs from the U.S. on the judge’s orders, the obligor (the person who paid the bond amount) will be returned their bond money.

    How do I go about getting my money back after a case is closed?

    If the person who was released on bond dutifully showed up for all of his or her scheduled hearings and followed all instructions that were made, then the obligor (payer of the bond) can get back their money. To have the money returned, the obligor must submit a request that includes the original bond papers, as well as the final court order showing the grant of relief from removal.

    Contact us today!

    At Pozo Goldstein, LLP, we are here to help in whatever way possible. From immigration bonds, to detention, and everything else, we extend our legal services to those in need. If your immigration status is at risk because of detention by the ICE, then you cannot afford to wait to contact a New York City immigration attorney at our office. Together, we will work to protect your right to remain in the U.S.