First, the Immigration Judge has to decide if you are even eligible to ask for a bond. Some people are subject to “mandatory detention.” This means the Immigration Judge does not have any authority to grant a bond. Certain crimes can make you subject to mandatory detention. You are also subject to mandatory detention if:
- you are an arriving alien
- you have a prior deportation order, or
- you are being detained on terrorism-related grounds
If you are not subject to mandatory detention, you might be able to get a bond. When deciding about setting or lowering a bond, the Immigration Judge first looks to see if you are a danger to the community. If the judge finds you are a danger, they deny bond and you stay locked up until the immigration court case is done. If the judge finds you are not a danger, then they look at if you are a “flight risk.” A flight risk is someone who probably won’t show up at future court hearings if released.
To prove you are not a danger to the community, give them your criminal records and any evidence of rehabilitation. You can also show letters of support from family, friends, religious leaders, or community members.
To prove you are not a flight risk, give them:
- evidence of your family ties in the United States. This can be things like birth certificates of LPR or U.S. citizen relatives.
- evidence that you work. Like paystubs or a letter from your employer.
- evidence you own property in the United States
- evidence of community ties. Like being part of a religious or community group.
The immigration judge also considers whether you are applying for any defenses to deportation or if any immigration petitions have been filed for you.
