Immigration Bond Hearings
Shorstein, Lasnetski, & Gihon handles immigration bond hearings at the Orlando Immigration Court and Baker County Detention Facility.
In any deportation case, a person may be eligible for an Immigration bond if he or she is not subject to Mandatory Detention under immigration law. In general, a bond should be granted unless the person is considered a threat to national security, likely to abscond (not show up for court), or is poor bail risk.
When ICE first comes into contact with a person they are going to place in deportation proceedings, they first issues a Notice To Appear (NTA) to the person. This is the charging document. ICE will next make a custody determination. They will take several factors into consideration when determining whether to issue the person a bond, including:
- whether detainee has a fixed address in the U.S
- length of residence in the U.S.
- local family ties and whether ties may entitle detainee to reside in U.S.
- record of appearances in court
- employment history
- criminal record
- history of immigration violations
- attempts to flee prosecution or escape
- manner of entry
- membership in community organizations
- immoral acts or participation in subversive activities
- financial ability to post bond
- an arriving alien, including a lawful permanent resident,
- inadmissible because the person committed any of the following offenses:
- a crime involving moral turpitude (unless it is only one offense punishable by no more than a year and the person was not sentenced to 6 months or more in jail).
- Aggravated felony,
- Drug offense,
- Firearm offense, or
- A crime involving moral turpitude, unless it was only one offense, the maximum possible sentence was one year or less and the person wasn't sentenced to more than 6 months in jail.
Shorstein, Lasnetski, & Gihon has an office near the Orlando Immigration Court and an office near the Baker County Detention Facility. That puts us in a unique position to help people who are detained in the Baker County Detention Facility. We have attorneys who can go see clients in custody in the Baker County Detention Facility and we have attorneys who go to Court in the Orlando Immigration Court. We focus on helping clients who are initially detained and in deportation proceedings. If you have a case or loved one who is detained in the Baker County Detention Facility, call us now for a free consultation and let us tell you how we can help.
Shorstein, Lasnetski, & Gihon will contact ICE and present a detailed bond memorandum with exhibits and documentary evidence designed to secure the release of your loved one. If ICE refuses to give the person a bond, Shorstein, Lasnetski, & Gihon will file a Motion for Bond Redetermination with the Immigration Court and argue the bond motion before an Immigration Judge.