Immigration Detention & Bond Hearing Lawyer in Long Island, NY

Providing Immigration Law Counsel for Detention Cases

If you or a loved one is facing immigration detention, it’s normal to feel scared and overwhelmed and be unsure of what to do next. It’s essential to understand that immigration detention is a civil process, not a criminal one, and that it doesn’t automatically mean you will be deported. However, timing is critical; it’s critical to respond quickly and have legal representation.

If Immigration and Customs Enforcement has detained you or you’re trying to help a loved one in custody, contact The Law Office of Judith C. Garcia at 631-505-5649 as soon as possible to speak to an immigration lawyer about your options.

What Happens During Immigration Detention?

Immigration detention occurs when a noncitizen is held in a secure facility, such as a jail or a dedicated detention center. Even though this is not a criminal process, it often looks and feels like one, with the person potentially being fingerprinted and interviewed after they are detained. In many cases, detention is the initial step in the process of starting removal proceedings, and the detainee will receive a Notice to Appear to begin these proceedings if relevant.

Being subject to immigration detention can be a confusing process, and it’s not always clear what your rights are or what you can do to help yourself. One of the most important steps you can take is to contact an immigration detention attorney who can help you determine what’s happening with your case, when you may be released, and whether you are eligible for bond.

Does the Government Need a Specific Reason to Place Someone in Immigration Detention?

U.S. immigration law requires that Immigration and Customs Enforcement officers have probable cause before subjecting someone to immigration detention. This generally means that they must have probable cause that the person is either undocumented in the United States or would be subject to removal proceedings (deportation) due to factors such as prior criminal activity or new criminal convictions.

Mandatory detention can also happen in situations where someone is being released from criminal custody after a conviction. The government may be required to place the person in detention if the crimes are serious enough or the person is suspected of having ties to terrorist organizations. In most cases, the decision to place someone in immigration detention is made based on the entire set of circumstances and not just one factor.

Who Is Eligible for an Immigration Bond Hearing?

If you or a loved one is being held in immigration detention, you may have the option of requesting a bond hearing before an immigration judge. A bond hearing is your opportunity to tell the judge why you should be released pending the rest of your case instead of being held in the detention center.

Immigration bond hearings typically center around two aspects: whether the individual is a flight risk if released and whether they pose a danger to the community. For example, someone with strong ties to the community and immediate family in the area is less likely to try to flee while their case is pending. Similarly, someone who is being detained based on a violent criminal conviction isn’t likely to be released on bond if the judge believes they are likely to commit another violent crime.

Those who are not part of a mandatory detention case are generally eligible to request a bond hearing. However, you only get one, so it’s essential to consult with an attorney and ensure you can present your strongest argument before going forward with your request.

What Happens at a Bond Hearing in Immigration Court?

Immigration court hearings for bond happen before an immigration judge. The judge will review the immigrant’s background, including their employment history, criminal record, and ties to the community. They will also review any evidence the immigrant has submitted as part of their request for bond. Your attorney will help you prepare this evidence based on the facts of your case, but it commonly includes proof of legal employment and letters of support from those established in the community.

If a bond is granted, the person will be released after paying the set bond amount. If it’s denied, they will be returned to detention. However, there are still legal options available. For example, the case may be able to be appealed, and an attorney can help you understand what happens next.

How Can an Immigration Detention Lawyer Help With These Cases?

An attorney should be your first call as soon as you are aware that someone is being detained. They can determine whether the detention is mandatory or discretionary and start the process of preparing evidence and requesting a bond hearing. An attorney can also explain how to pay the bond payment if it’s approved and what the conditions of release are.

Immigration detention cases often move quickly, and it’s essential to have a legal team on your side that can respond accordingly. Contact The Law Office of Judith C. Garcia at 631-505-5649 to learn more about securing legal representation for immigration detention cases in New York City and beyond.