If your loved one is being held in an immigration detention center, you should seek an immigration bond agency to assist in the release of the detainee from custody before his/her court hearing. There are times that a bond may be set immediately upon being booked into ICE custody, in which case, the detainee may post the bond and be released right away. However, many times a detainee must wait to have a hearing before an immigration judge. This can take from a week to 15 days. Once a bond has been set, Brennan Immigration Bonds has you covered for all of your New Mexico Immigration bonds need. We will help you throughout the process and ensure your loved one is out of ICE custody in no time.
What are Immigration Bonds?
The term immigration bond refers to the sum of money used to ensure the court that a foreign person in custody will appear for every immigration court proceeding after being released from custody, or that an immigrant will leave the United States before the date specified by the court. After detaining a foreign individual, ICE determines the bond amount, presuming the individual is qualified for one. The amount of the bond is determined by a "risk categorization assessment," which evaluates the threat the particular person poses to both public security and the possibility of fleeing. If the person is unable to cover the costs of the bond determined by ICE, they may ask the immigration court to reevaluate and reduce the bond sum. An attorney would be required to file a motion on the detainee’s behalf.
The Procedure for Obtaining A New Mexico Immigration Bond
After ICE has vetted a detainee, he or she is advised whether he/she has been granted a bond hearing or not. If ICE denies a person's request for a bond hearing straight away, he or she could petition a court to schedule a bond hearing. The court can then decide whether to grant the motion and set the bond or reject it.
It's crucial to understand that a detainee's eligibility for bond depends on whether ICE, or the immigration court, considers him or her a threat to the public or a flight risk. A bond is determined using the following set of criteria:
- The possibility that a defendant will appear at all court proceedings
- How closely a person is tied to his or her family, as well as the area of residence
- How someone entered the United States and how long they have been living here
- A person's level of risk to the public
Types of Immigration Bonds
There are 2 types of New Mexico immigration bonds accessible to illegal immigrants in ICE detention (provided the person is not regarded as a risk to public security or national security). We explain the purposes of both below.
Depending on what ICE or the immigration court decides, an undocumented immigrant who's been held by ICE could qualify for a delivery bond. The delivery bond's main purpose is to make sure the immigrant appears for all immigration court proceedings. It enables the individual to spend time with their family, continue working and residing in the United States and to retain representation from, and speak with, an immigration attorney before a court appearance.
Voluntary Departure Bond
Inmates can be granted the alternative to depart the country willingly and at their cost within a certain time frame. If entirely paid to ICE, the departure bond is fully refundable when the individual has voluntarily gone back to their country.
How to Seek an Immigration Bond Hearing
Either ICE or an immigration court will establish the bond amount. When you have been detained by immigration authorities while undergoing removal processes, ICE will decide who will have the initial custody judgment. You will also have the option to ask the Immigration Judge for a bond hearing should you fail to agree with the decision made by ICE.
Typically, ICE will decide on a bond sum by 2:00 PM on the day the person is brought into custody. You will receive a copy of ICE's custody decision in a document titled Form I-286, which is referred to as the "Notice of Custody Determination." The U.S. Immigration and Customs Enforcement deportation officers may set a bond when someone is first detained. If a bond is not set, the immigration judge will make a determination when the detainee appears.
If you can't afford a lawyer, you could have access to some legal resources while in detention and can draft one yourself. This is entirely dependent on the institution in which you are housed as well as the readiness of the deportation officer to help you in getting these advantages.
What You Should Bring to the Bond Proceedings
You should bring your:
Letter of Sponsorship
This is key documentation that you could present to the court. Your sponsor should compose a letter that contains the following information:
- How did the sponsor come to know the person in custody?
- What is the sponsor's immigration status? (He or she has to be a documented permanent resident or a United States citizen). Your sponsor has to also include evidence of his or her immigration standing in the letter
- A home address for both the inmate and their sponsor. This must be a street address rather than a Post office Box address. To demonstrate that they are residing at the location, your sponsor should also include a bit of mail bearing their name as well as address. They could make use of a phone or utility bill that bears their contact details
- How they intend to assist the inmate if released, as well as any other elements, indicating community ties
Additional Supporting Documents
It is your responsibility to collect as much evidence as you can to convince the court that you do have significant links to society and also that, when freed on bond, you will not perpetrate any offenses. This is done in preparation for your bond hearing. These records could also be beneficial to your cause after the bond hearings. Below are some examples of solid proof:
- Any proof that you qualify for or have a compelling argument against being deported (an I-130 approval notification, or proof of previous persecution)
- Documentation demonstrating your close family members' legal standing in the U.S (For instance, their U.S Birth Certificates, Legal Permanent spouses, parents, or, children)
- Tax Documents
- Support letters from as many members of the family as possible, along with children's drawings as well as proof of the writer's identity
- Support letters from your friends as well as a photocopy of their ID
- Letters from acquaintances (neighbors, your landlord, your employer, or even religious leader)
- Letters demonstrating community engagement (for instance in church, or volunteer work)
- Your letter, in which you detail your reasons for the desire to remain in the United States
- Evidence of your family's financial support (for example rent receipts, or child support payments)
- Letters from any religious group you are a member of
- Family pictures (from birthday or wedding parties, vacations, pets, children)
- Rehabilitative program certificates
- Pamphlets with information on the rehabilitation services available in your area (for example for domestic violence, drug and alcohol abuse, or anger management)
- Records of social security
- Proof of property possession
- Medals, diplomas, certificates, etcetera
- A copy of your health records as well as those of your family members
- A photocopy of your marriage certificate
- Evidence of any outstanding debts (mortgages, auto loans, hospital bills)
- Evidence of insurance (for example, car or health insurance)
- Show proof of military service
- Letters from therapists or doctors outlining health issues or trauma that would be exacerbated if you were to be deported
Ensure that every person who is submitting documentation encloses a copy of their identification, such as a driver's license, passport, or proof of permanent residency. You must translate any letters that are not in English and attach a Certificate of Translation. Preferably, all original papers should be photocopied three times.
One document will be delivered to the court. The federal attorney will receive the second copy. The third copy is yours to keep. You can either carry your copy to the bond hearing or send it to the court or the federal lawyer.
As soon as a bond amount is determined, contact your immigration bond agency so that the bond may be posted immediately.
Frequently Asked Questions
Below are some of the most frequently asked questions on New Mexico Immigration Bonds.
What Happens If the Person on Bond Does Not Comply With the Requirements During an ICE Check-In or Fails to Present themselves in Immigration Court?
The bonded person will violate the release conditions if they skip an immigration court session or an ICE Enforcement and Removal Operations appointment. Whenever this transpires, ICE notifies the detainee's obligor to surrender the detainee by sending an ICE Form I-340 through certified mail with a return receipt required. The notification requests that the obligor deliver the bonded immigrant to the Immigration and Customs Enforcement Field Office at a certain date and time.
This date will probably be within several weeks of receiving the notification, leaving the obligor insufficient time to track down and locate the bonded person. ICE will submit a Form I-323, which is the Notice of Immigration Bond Breached, where the obligor does not deliver the bonded person at the specified date and time.
The bond plays the same role as a guarantee that the foreigner will leave following the voluntary departure conditions for those that aren't arrested but were given a voluntary release. The foreigner's consent to voluntarily leave the United States is recorded in Form I-210, which is the Voluntary Departure and Verification.
Before departing the country, the illegal resident, as well as ICE, approves the printed photocopy, and ICE gives a copy. After going back to their country, the remaining information on the document is filled out by a State Department representative at a U.S. embassy or consulate and sent to The Department of Homeland Security or ICE Headquarters Offices to verify that the non-resident left. The form is subsequently uploaded by ICE to the Bond Document Repository, a digital repository for records about bonds.
Which Detained Immigrants Qualify for New Mexico Immigration Bonds?
Most non-citizens detained for immigration violations are entitled to immigration bonds, which entails having funds set up in their name that will be reimbursed provided they appear for every one of the scheduled court appearances as well as other appointments with immigration officials. However, not everyone qualifies. Certain non-citizens are required to remain in custody and are therefore not eligible for release on bond. Those with criminal histories are primarily included in this.
Is it Possible to Appeal a Huge Bond Sum?
A request to appeal could be made verbally or on paper. Other IJs will hold the preliminary Master Calendar case as well as the bond hearings on the same day and at the same time.
However, it is preferable to submit a "Petition for Bond Remediation'' and ask for a second hearing where the court will only rule on the bonding problem. Such a proposal should only list the grounds for lowering the bond.
Even without permission, it is acceptable for your close relatives to provide evidence in favor of their request, including evidence of legitimate familial links or ongoing work. The court will next decide on the bond's total amount. This sum is non-negotiable unless the conditions surrounding the foreigner's incarceration alter.
For example, if a previous case that the Immigration Judge considered in determining the bond has subsequently been settled for the arrested family member's benefit, you might request that the amount be reduced in light of the new information.
Who Can Pay a Person's Bond?
The bond may be posted by any individual who is legally present in the country—a friend, a family member, or anybody else—after the Immigration Judge has reached a definitive determination regarding the amount of the bond. This payment needs to be paid at the closest ICE offices. The best way to post an immigration bond is by contacting a reputable bond agency that is licensed and experienced in handling immigration bonds. This is the more convenient alternative to posting yourself at an ICE facility for several reasons. First, cash is not your only option. Brennan Immigration Bonds accepts cash, credit cards and real estate property for collateral and offers payment plans to those who qualify. Also, your collateral is not held up within the court system. When your case is terminated, we return your collateral within 2 weeks. Another benefit is having someone who is working with you throughout the process. We can assist with any correspondence requested by the court so that you are never alone or left to try to figure anything out on your own.
How Does the Obligor Recover their Bond Money?
All that is required is a Cancellation of Bond in order for collateral to be returned. Once a case is terminated, the court sends this cancellation automatically. Even in cases where the court does not send it, Brennan Immigration Bonds can obtain it very easily. The only time that you will lose collateral is if the person who was bonded out fails to appear before the court or for an appointment with an ICE officer. If the person cannot be located, within the United States or in their country of birth, the collateral will then be used to pay the bond.
New Mexico Detention Centers
ICE detention facilities in New Mexico include:
Otero County Processing Center
Torrance County Detention Facility
Find a New Mexico Immigration Bonds Agency Near Me
If you or your loved one is facing immigration bond issues with the ICE, Brennan Immigration Bonds can help. Don't be afraid to get in touch if you need help with New Mexico Immigration bonds. Call us today at 888-668-1588.