Tennessee-based CINA of Nashville, PC, represents clients across the nation and around the world
In certain cases, the government has authority to detain an individual facing removal or deportation, and the notice to appear can be accompanied by an arrest warrant. Once under arrest, an individual could be detained through the removal or deportation hearing, which can be days, weeks, or longer. In some cases, however, an immigration bond may be obtained as a condition of the person’s release. These bonds work like traditional bail bonds in certain ways, but there are many differences, and those looking to secure an immigration bond are encouraged to contact an immigration attorney who can help navigate the bond process and also advocate for release before a judge.
Creative expertise and successful legal strategy in securing immigration bonds and obtaining release from detention
A firm knowledge of the law and experience with immigration bond proceedings is necessary for a successful outcome in these cases. First, U.S. Immigration and Customs Enforcement has the discretion to set a bond amount. In some cases, ICE will refuse to set the bond or grant release without bond for a myriad of reasons. If your loved one is in state custody with an ICE detainer, call CINA to put together a bond request at the local level. Sometimes the local ICE will still refuse to set a bond amount and will move your loved one to an ICE detention center. If that happens the individual may motion the immigration court to set the bond.
Second, there are certain persons who are not eligible for release from custody, and to successfully secure release it is necessary to prove to the court that you or your detained loved one do not fit within one of these categories. The decision on eligibility is made by a judge at an immigration bond proceeding, and these in court proceedings require advocacy and legal representation by a skilled Tennessee-based immigration bond attorney.
Is my loved one eligible for release from detention?
Release from custody and detention with an immigration bond is only available to certain individuals, and those who may be ineligible include:
– Individuals who are not lawfully admitted to be present in the U.S.
– Persons found guilty of certain criminal charges and whose release poses a danger to other people or property
– Immigrants who have overstayed a previously set period for voluntary departure
– Individuals who have failed to appear at a prior immigration proceeding
In determining who is eligible for release on bond, a judge considers various factors including the strength of one’s local family and community ties, the amount of time spent in the U.S., prior criminal history, and financial ability to pay the bond. The law governing eligibility for release can be very situation specific, and CINA of Nashville, PC, Managing Attorney Dawn M. Gerhart has built a reputation on strategic and creative problem solving in these situations. Where other immigration attorneys cannot, Gerhart is able to establish eligibility for release by highlighting key facts and putting legal precedent to work in her clients’ case.
Helping secure an immigration bond and obtain a speedy bond hearing
An immigration bond can be posted by a friend or relative, and the individual in custody can also post the bond for him or herself. It is important to move quickly on posting the bond and obtaining a bond hearing, because the government can move the person in custody to another detention center. The competent and skilled immigration attorneys at CINA can petition the court for a bond hearing, advocate for you or your loved one before a judge, and secure a speedy release pending the deportation hearing.
Contact us for fierce and determined representation in bond hearings and related removal and deportation proceedings
If you or a loved one have been detained pending removal, deportation, or other immigration-related proceedings, it is critical to contact the experienced attorneys at CINA of Nashville, PC, immediately. We can help secure release pending the final hearing and during those proceedings. Trust our determination in court and call today at (615) 324-7757, or toll-free (877) 381-2814. Hablamos Espanol.