When detained by the U.S. Immigration and Customs Enforcement (ICE), the experience can be frightening and traumatic. For any person who is in custody at an immigration detention facility, getting back home to loved ones is of utmost importance.
One way a person can gain release from detention at the early stages of the proceedings is through the payment of bond. By paying a court ordered bond amount, an individual assures the court that he or she will appear at all future court proceedings related to the case. If an individual complies with the terms of bond and appears at all future court proceedings, the bond amount paid will be reimbursed. However, failure to appear at future court proceedings will result in bond revocation and the money paid will be kept by the court.
Requesting a Bond Hearing
When detained at an immigration detention center for removal proceedings, a bond hearing can be requested from the immigration court judge through a written motion or orally in court. When making an oral request, the petition can be made as soon as the first court appearance, which is referred to as the Master Calendar Hearing. In the event that the detention takes longer and no hearing has been scheduled, a written request can be submitted.
Eligibility for a Release on Bond
Regrettably, not all those who are detained are eligible to receive a bond order. There are several factors that can affect release on bond eligibility, including the reasons for being detained, and the current immigration status of the detainee. An immigration judge will not be able to grant a bond under the following circumstances:
- The detainee is classified as an arriving non-citizen, which is a non-citizen person returning to the country after being abroad.
- The detainee has not been legally admitted into the country.
- The detainee has engaged in activities that pose a threat to the nation’s security.
- The detainee has committed certain crimes, such as crimes of violence, theft, or fraud.
When falling into one of the aforementioned categories, the detainee will undergo mandatory detention.
The Consequences of a DUI Conviction
In many cases, a non-citizen convicted of a first-time DUI will not be subject to adverse immigration consequences. However, the circumstances surrounding the commission of any crime, including a DUI, are highly relevant to the issue of removability (deportation) and therefore a non-citizen who has been convicted of driving under the influence runs the risk of being deported.
Speak to a Knowledgeable Immigration Law Attorney
There can be adverse immigration consequences when a person has been convicted of certain felony and/or misdemeanor criminal offenses, including driving under the influence. If you or a loved one is in ICE custody as a result of a criminal conviction, he or she is generally entitled to a bond hearing and the defense against allegations of removability (deportation) is significantly benefited when a person is out of custody. Speak to a knowledgeable immigration attorney who can investigate the facts and help defend your case.
The King Immigration Law Group understands that being detained in an immigration facility and facing the possibility of deportation are both frightening experiences. Attorney Olive King has many years of qualified experience helping non-citizens successfully obtain a bond hearing following a DUI charge. Consider contacting the King Immigration Law Group today.