Immigration statutes have specific rules outlining when an alien can be held in an immigration facility. The rules that apply to aliens depend on the particular circumstances of their cases, including whether they are subject to removal based on certain acts or offenses. It also depends on whether the alien has already obtained a final order of removal. The rules also differ depending on how the federal courts interpret the immigration statutes. If you or your loved one is in immigration jail, you need a reliable immigration bond company to bail you out. For many years, the Brennan Immigration Bonds have posted bonds for thousands of aliens from detention in Utah. Our agents are available 24/7 to assist you when you need us the most. We cover the entire state of Utah. We are optimistic that we can help you with all your immigration bond needs.
Utah Immigration Bonds
An immigration bond is the amount of money an immigration judge or Immigration and Customs Enforcement (ICE) sets to allow an alien arrested in Utah to gain freedom from custody. You must pay this bond in order to be provided the freedom to live and work while your case is ongoing.
Whether you remain in Utah or are deported, the bond is returned to the possession of whoever posted it, provided you honor all the court hearings and adhere to the conditions of the bond. If you fail to attend the court hearings or otherwise fail to comply with the requirements of the bond, the bond will be breached.
Ways Of Posting Immigration Bonds
There are two ways of posting an immigration bond:
- Surety bond
- Cash bond
Posting an immigration bond in Utah allows you time to be with your family. It also enables you to contact an attorney who can help you with your case. Finally, it gives you ample time to gather facts for your case.
When you are behind bars, ICE will typically be the one to make the initial jail determination. You can request an immigration bond hearing from the immigration judge if you want to contest the decision. When you are arrested as an illegal immigrant and placed in custody, ICE assigns a bond amount. ICE issues a document, “notice of custody Determination," and Form I-286 providing you with jail determination. ICE can decide to free you on your own recognizance, whereby you do not need to post any bond. ICE can also set you free with a set bond amount or decide to retain you in custody without setting a bond.
You can request a hearing from an immigration judge if you disagree with the bond amount set or fail to obtain a bond determination. You can request a bond hearing on Form I-286 by checking the box outlining that you want a jail determination by a judge. You sign the form during the initial jail determination. If you fail to obtain Form I-286, you can orally request a bond hearing at the first court-set hearing or by filing a written motion for bond redetermination.
Who Qualifies For Immigration Bonds Utah
Certain criteria is considered for aliens to qualify for Utah immigration bonds. Aliens qualify based on factors like their immigration status, among other factors. However, the judge does not have the powers to give an alien the bond if he/she is in the following categories:
- Committed certain offenses like fraud, theft, crimes of violence, and drug possession or possession for sale
- Classified as a non-citizen returning to the United States from a trip abroad
- Engaged in activities that threaten the national security of the United States
- You were admitted illegally into the country
Guiding Steps To The Immigration Bond Hearing
Although the Utah immigration bonds hearing differs from the Master Calendar Hearing, it often happens on the same day, just before your first Master Calendar Hearing. If you require more time to prepare, you can ask for a continuance, and the judge can schedule the hearing for two or three weeks later. If you are unsure of the date of your bond hearing, you can contact the immigrant court clerk.
On the court hearing date, you can either be physically in the courtroom or follow the court proceedings via a video link from the courtroom. You will not be allowed to talk or interact with family members during the hearing. Your attorney is the only individual you will be allowed to speak to before the hearing.
At the immigration bond hearing, the judge will look at your immigration status to ascertain if you qualify for an immigration bond. Whether the alien is eligible for an immigration bond is solely up to the immigration judge's discretion. The immigration judge will weigh any evidence in the record to make the discretionary decision. Therefore, the burden of proof is upon you to show that you are not a flight risk, not a threat to national security, and not a danger to others. The factors that the court will consider to determine whether you are a flight risk include:
- Whether you are employed
- If you have family ties in the United States
- Whether you own or rent a home or apartment
At the hearing, you should present the letter from your sponsor to the judge to help convince the judge that you are not a flight risk. The letter should detail the sponsor’s legal immigration status. The letter should also highlight how the sponsor knows you.
The court will look at your past criminal record to ascertain whether you are a danger to the United States. If you have any past criminal history, you must provide letters from your family and friends outlining your good moral character. The letters should also show how you have transformed for the better since any past criminal conduct. The letters could also show evidence of participation and completion of a rehabilitation program.
However, if you have a conviction, you should take responsibility and provide substantial evidence of your rehabilitation. In case, you should show the immigration judge that, on balance, your positive points are more than the negative factors.
The Immigration Judge’s Bond Order
You will receive a written order indicating the bond amount once you have to pay to leave custody. The judge will also reset your Major Calendar Hearing to allow you to post bond and gain freedom from jail before your next court appearance. If you do not post the bond before then, you will have to attend the hearings while still in immigration jail.
The judge will release you from custody upon your bond being posted, and your removal proceedings will be in a different immigration court. After your release, you can file a Motion to Change Venue so that your next hearing is scheduled at the immigration court nearest to the home address you provided to the court upon your release. You will receive a mailed notice of the date and location of your next hearing.
You must attend all the court-set immigration proceedings. If you fail to do so, you will be at risk to deportation and any collateral could be lost. However, if you complete your immigration proceedings and either maintain legal status in the U.S. or timely leave following a removal order, the money will be refunded to the obligor.
Reducing Immigration Bond In Utah
You could suffer separation from your family, work, and the life you know if the United States Immigration and Customs Enforcement (ICE) detain you. You could be put behind bars until you get a trial before an immigration judge. Then, the judge could order you removed directly from custody. Being in detention is a tense time when you are alone and isolated. Obtaining an immigration bond is a way of gaining freedom from jail and preparing your immigration case on your terms while living freely as you wait for the resolution of your case. The initial immigration bond is set by ICE.
You can seek a redetermination before an immigration judge if ICE refuses to set a bond for you or if you want a lower bond. Once the immigration judge or ICE sets a bond, your friend or relative can post the bond on your behalf to secure your freedom from jail. If you fail to post the bond, you will remain in custody until trial. Posting an immigration bond helps you to reclaim your life and work towards a better defense.
How An Utah Immigration Bonds Agent Can Help
An immigration bail bond is a three-party agreement between an illegal immigrant, the co-signer and agent, and Homeland Security. The agent guarantees Homeland Security that you will attend all necessary court hearings in the future once you are freed from jail on bond. On the other hand, the co-signer guarantees the bondsman that they ensure the alien is present when needed. The co-signer of the contract commits to meet the entire bond if the illegal immigrant fails to honor the court-set hearings.
Types Of Immigration Bonds Utah
You can be granted various immigration bonds in Utah. They include:
- A bond indicating that an illegal immigrant shall not become a public charge by receiving public assistance (Public Charge Bond)
- Bond conditioned on the Order of supervision (Supervision Bond)
- Bond conditioned on the delivery of an alien (Delivery Bond)
- Bond conditioned on the alien’s voluntary departure (Voluntary Departure Bond)
Public Charge Bond
The public charge bond is posted to ensure that the admitted illegal immigrant does not accept assistance from the public, like food stamps and welfare monies. The public charge bond responsibilities stay in force until the following happens:
- The death of the alien released on bond
- The permanent departure of the alien from the United States
- Naturalization of the alien released on bond
The public charge bond will be forfeited if the illegal immigrant released on a bond accepts any prohibited assistance from the public. The surety will have the burden of meeting the entire bond amount.
Often, delays happen when a detained immigrant has obtained a final order of removal from the United States. Delays could occur if the country receiving the alien decides not to admit the alien. The alien could be released temporarily from custody on a supervision bond during the waiting period. The Supervision Bonds assures the Department of Homeland Security (DHS) that the illegal immigrant will adhere to the terms and conditions of the Supervision Bond contract. If the illegal immigrant breaches any section of the contract, the surety could be subject to a breach and could be ordered to meet the bond penalty.
This type of bond is the most popular immigration bond in Utah. In some situations, an illegal immigrant could be ordered to appear before an immigration official for a hearing or an interview. This process can sometimes happen over an extended period, usually years. In some cases, the Department of Homeland Security would permit the alien to post a Delivery Bond to gain freedom from jail. The delivery bond assures the DHS that the alien will attend all scheduled hearings or interviews. The surety could forfeit the entire delivery bond amount if the illegal immigrant fails to honor the scheduled hearings.
Delivery bond can be exonerated based on the terms and conditions in Form I-352 if any of the following happens:
- Notice of detention by local, state, or federal authorities for more than 30 days
- The death of the alien released on bond
- Magistrate grants permanent residence to the alien released on bond
- Voluntary departure from the country of the bonded alien with proof of departure
- Deportation of the bonded alien
- ICE taking the bonded alien back into jail
Voluntary Departure Bond
When an alien arrives in the United States and applies for permission to enter the U.S. as a non-immigrant, it is required that he/she provides a Voluntary Departure Immigration Bond. This bond aims to guarantee that the alien released on bond will depart from the U.S. voluntarily before a specified date. In Utah, delivery bonds are often converted into voluntary departure immigration bonds. When the surety provides evidence that the bonded alien has left the United States before the specified date, then the bond will be canceled. The immigration bond will also be revoked if the federal government deports or detains the bonded alien.
Find Reliable Utah Immigration Bonds Services Near Me
Do you need reliable immigration bonds in the Utah area? If your loved one finds him or herself in the custody of DHS (Department of Homeland Security), you do not have to despair trying to have them freed. At Brennan Immigration Bonds, we have a committed team of bond experts who can help you secure an immigration bond promptly. We have been a trusted source of immigration bonds for decades.
We provide fast, confidential, and personal bond service. Call us at 888-668-1588 to speak to one of our agents.