What does it mean to be released on bail as an immigrant?

If an immigrant is released on bail, it means that he or she will have to pay a certain sum of money to be released from detention. The immigrant will receive this money at the end of the case with which they do the following:

·         Go to each court appearance and any other hearing

·         Not have any new criminal convictions

·         If they are ordered to leave the country, they will have to leave

Paying this bond is a way to ensure that the immigrant appears at all hearings without detaining the immigrant in the detention centre. The deposit amount has to be paid in full.

Does a person in immigration custody have the right to be released on bail?

Only certain immigrants in custody at the time of deportation proceedings holds the right to get released on bail.

On whose decision, a detained immigrant gets a bond?

A Bail Bonds Company in California will decide on whether they should offer a bond to a detained immigrant. The notice will tell if the immigrant will be eligible to be released on bail. If they decide it is eligible, it will determine how much the bond will be. 

The notice will also tell if the immigrant has the right to ask the judge to review the decision on bail. For example, if the decided amount of bond is too high, the immigrant may ask the judge to lower the amount of the bond.

What type of proof should an immigrant show at his bond hearing?

An immigrant must present evidence to a bond hearing that shows that it is unlikely that the person will leave and hide, that it is not a danger to the community or security risk to the country. 

Does an immigrant need to pay the entire bond or only part of the bond?

An immigrant will require to pay the complete amount that is established. If the immigrant cannot pay all of the bonds, there are some Bail Bond Agents in Los Angeles who require an immigrant to pay only part of a bond, and they pay the rest. Bail companies charge a payment for this service.

What could and immigrant do in a case where he/she is held in detention for a long time without bail and their deportation case is taking a long time?

Many courts have told that it may be unconstitutional to detain someone in obligatory detention if their deportation case is taking an especially long time. If the immigrant is arrested and held in jail without bail for a long time, he/she can try to get released by filing for a habeas corpus action with the federal court. 

Habeas corpus is the right of detained persons to appear before a judge immediately. The rules and guidelines that are needed for filing habeas corpus petitions are complicated and this is why it is suggested to better try to hire a lawyer to file a habeas corpus petition.

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