Orlando Immigration Bond Attorney John Gihon spends a lot of time in immigration bond hearings at the Orlando Immigration Court. He represents clients that are both in-custody and out of custody. Many of his in-custody clients are located at the Baker County Detention Facility, located near our Jacksonville Office.
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. ICE (Immigration and Customs Enforcement) initially will determine whether to give the person a bond. ICE may give the person a bond if they determine the person is not a flight risk or a danger.
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
If ICE refuses to give an immigration bond, then the person may be able to file a Motion for Bond Redetermination with the Immigration Judge.
What is Mandatory Detention?
If a person is subject to mandatory detention, the immigration judge is prohibited by law from giving the person a bond. A person will be subject to mandatory detention when:
- 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.
Can I appeal the Immigration Judge's Bond Decision?
Yes. You can appeal the immigration judge's decision to the Board of Immigration Appeals (BIA), however, this is not always a realistic option as it may take several months and the deportation proceedings will proceed while the appeal is pending. You will also be held in detention during the appellate process. However, in certain circumstances, it may make sense to appeal the decision.
How can Shorstein, Lasnetski, & Gihon help you?
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.
Orlando immigration bond lawyer John Gihon
will contact ICE and can 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, John Gihon
will file a Motion for Bond Redetermination
with the Immigration Court and argue the bond motion before an Immigration Judge.
Call Shorstein, Lasnetski & Gihon - Orlando Office: 407-228-2019