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WHO MAY ASK THE IMMIGRATION SERVICE FOR A BOND Final - March 2002 with Footnote

WHO MAY ASK THE IMMIGRATION SERVICE FOR A BOND Final - March 2002 with Footnote-2025

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The document provides a comprehensive guide for individuals in the custody of the Department of Homeland Security (DHS) on how to apply for release from immigration detention. It outlines eligibility criteria, including specific situations where detainees can request DHS parole instead of seeking bond from an Immigration Judge. The booklet emphasizes the importance of legal assistance, details the process for requesting release, and explains factors that DHS considers when making decisions about parole. Additionally, it addresses responsibilities after release and includes information on appealing DHS decisions.

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Who is eligible for a bond in immigration court?

Who is eligible for a bond? An alien may be granted a bond if the judge determines that the alien is not a danger to the community or a flight risk.

How do I ask for an immigration bond?

A request for a bond hearing may be made in writing. In addition, except as provided in subsection (3), below, a request for a bond hearing may be made orally in court or, at the discretion of the Immigration Judge, by telephone. If available, a copy of the Notice to Appear (Form I-862) should be provided.

What makes you ineligible for an immigration bond?

If you had convictions that can be considered moral turpitude, you will not be eligible for an immigration bond. 3. You have one or more conviction charges of drug possession or an offense relating to firearms.

Who qualifies for an immigration bond?

A detainee is eligible for a bond when they prove that they are NOT a danger to the community and are NOT at flight risk. In some cases, a detainee is not eligible for a bond, for instance due to certain criminal convictions or because they have already been deported in the past.

How do you win an immigration bond hearing?

In order to win a bond hearing, the judge must be satisfied that you are not a danger to the community and that you do not pose a flight risk.

What is the burden of proof in immigration bond?

The judge will tell you that you have the burden of proof. That means you must convince the judge that you are not a danger or a flight risk. The government will likely present evidence showing why they believe you should remain detained.

Who is not eligible for a bond?

You are not eligible for a bond if you were detained entering the US, if you have been deported before, or if you have a final deportation order.

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