Bond Hearings

If someone you care about is in immigration detention, the Ojala-Barbour Law Firm can help. Bond is the immigration system’s version of bail—that is, it’s a payment they can make in exchange for their freedom. In many cases, the immigration judge in charge of the case has the power to authorize bond and set the amount (which must be at least $1,500, and is frequently between $5,000 and $10,000). Our attorneys frequently argue at immigration court hearings for favorable bond decisions.

Immigrants do not automatically receive bond hearings; they must request one. Some people can request a hearing at their first appearance in immigration court, but if that first appearance isn’t quick or is already over, they may need to request the hearing in writing. Our attorneys frequently argue that our clients should be found eligible for release and provide evidence to demonstrate our clients are not likely to commit any crimes or flee while waiting for a hearing on the merits of their case.

When the day of the bond hearing—which may be the same day as another hearing—arrives, we make these arguments in court before an immigration judge. We come to the hearings well-armed with information about the person’s commitment to their community, past history and other ties to the United States.

Fighting Mandatory Detention Determinations

Immigrants in certain situations—usually involving a criminal conviction—are subject to mandatory detention, which means they are not eligible for bond. That’s bad news, but when our immigration lawyers believe mandatory detention is not supported by the law or the facts, we make arguments on our clients’ behalf, either in a bond hearing or in what is called a Joseph hearing. In this context, we present information or legal arguments that our client doesn’t qualify for mandatory detention. If the judge agrees, our client may be eligible to be released on bond.