Release From Detention By Posting Bond
If you have an INS hold, you can be held in a U.S. government detention facility for months until you are allowed a hearing before an immigration judge to determine whether you can be deported. It may be possible to be released from detention by posting a bond issued either by an ICE officer or the immigration judge. This works exactly like posting bail after an arrest to be released from jail until your trial.
If you or a loved one has been detained by the INS and needs a bond, contact the Law Offices of Gita B. Kapur and Associates with an experienced Los Angeles immigration detention attorney. Call toll-free at 866-643-8852.
Los Angeles Deportation Lawyer
Whether you will be allowed to post bond depends on your immigration status and why you have been detained. In considering a bond, the immigration judges will look at the following factors:
- Family ties in the United States
- Whether you have a criminal background
- Employment history
- Financial circumstances
- Whether you own real property in the U.S.
- Moral character
- Length of time you have been in the United States
- Whether you are a flight risk
The minimum amount of a bond is $1,500 but it can be much higher than that. There are certain crimes that require mandatory detention and make you ineligible for a bond. These crimes include crimes of violence and moral turpitude (dishonesty, such as fraud).
Southern California Detention Facilities
The frequency of immigrants being held in detention centers in Southern California has been increasing. Immigrants can be held in these detention centers for numerous reasons such as illegal entry in the United States and visa violations. Some of the detention facilities most frequently used to house these immigrants are:
- Adelanto Detention Center in San Bernardino, California
- Theo Lacy Facility in Orange, California
- James A. Musick Facility in Irvine, California
If you or a loved one has been detained and imprisoned in one of these facilities and needs the help of an immigration attorney, please contact us today.
Are you or is a loved one being held in custody by Immigration? Have you or your loved one been detained for a prolonged time? Have your or your loved one been refused to be provided bond hearing? Have they been improperly denied bond after hearing? Are you or someone you know tired of the government’s practice of transferring detainees between facilities? Do you want to know if habeas corpus is applicable to your situation?
Habeas corpus is a constitutionally protected device under the Suspension clause that both citizens and non-citizens of the United States can use to protect against his or her individual freedom against arbitrary and lawless government action. In the immigration context, a habeas petition can do one of two things: (1) ask the district court to consider whether ICE has the legal right to detain you at all; or (2) ask the district court to consider whether ICE has the legal right to detain you under certain conditions, such as without a chance to ask for a bond. It is important to know that a habeas petition only challenges ICE’s power to detain you. It does NOT challenge whether or not ICE can deport you.
For more information about filing a habeas petition, call us toll free at 866-643-8852 or send us an email.
Writ Of Mandamus
A writ of mandamus is a federal lawsuit brought against a government agency, such as U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of State (DOS), in order to compel them to take an action on your case. Such a lawsuit may be filed if the government agency unreasonably delays in making a decision on your visa petition, application for lawful permanent residency, or naturalization, or if an action is taken that is contrary to its own procedures. This legal action may compel the government agency to act in accordance within their policies and to prevent them from further withholding the action they need to take for your case. However, it is important to note that in a writ of mandamus action, the federal judge cannot order the government agency to approve or deny your application.
It is highly recommended to consult with an experienced attorney as to whether filing a writ of mandamus action is the proper route for you. If you have contacted the government agency like USCIS or DOS multiple times or visited your local USCIS field office and met with officers at InfoPass appointments but you have met with negative results or your case is subject to severe backlogs due to circumstances outside of your control (i.e. COVID-19, the current political climate, etc.), this powerful tool may serve in your best interest in achieving the needed results in a more timely manner. Contact us if you would like to have your case evaluated and determine if this legal action is suitable to your specific circumstances.
Contact An Experienced Immigration Bonds Lawyer
Contact me toll-free at 866-643-8852 or send me an email. My legal services are competitively priced, and I offer payment plans to clients in Los Angeles and surrounding areas, including Long Beach, Pasadena, San Fernando Valley, Santa Monica, Riverside, San Bernardino, Santa Ana, and Palmdale who qualify.
We speak a variety of languages to ease the process for our immigrant clients, including Spanish, Hindi, Punjabi, Zapotec, Armenian, and Urdu.
Most credit cards accepted.