I've Been Detained by DHS. What is a Bond Redetermination Hearing?A bond hearing is what’s known in the law as your right to procedural due process, meaning, your guaranteed right. However, the law does not afford you the same right when it comes to your release on bond. Therefore, many immigrants who may be here unlawfully and who have been detained must sit and wait for long periods of time in custody, while necessary paperwork is filed that will determine, when and if the immigrant will be released or removed. Bonds are set for immigrant detainees by Immigration Judges and the Department of Homeland Security. They make the determination as to whether you are “bondable” and if so, in what amount. If you are not happy with the determination by the officers, you may seek a bond redetermination hearing. The process: First, the application for a bond-redetermination hearing must be made by you or your attorney in writing, or if the judge allows, by telephone. You as the detainee must provide proof that you are not a flight risk, or a danger to the community in order to be released. It is up to you, your family, and your lawyer to provide the Judge with as much information with regard to your criminal history, rehabilitation, compliance with immigration proceedings and orders, whether you have a place to live once you are released, your behavior while being detained, the length of your detention, why you believe you have a strong case and any other issues pertinent to your case in order for the Judge to grant your request for a subsequent hearing. The judge will make their determination and you will be informed either orally or in writing for reasons of their decision. If you or a loved one is currently being detained for a prolonged period of time while their removal case is pending, please contact us at www.arvandlaw.com we are here to help you through this difficult time. The Law Office of M. Ray Arvand, PC The Standard Oil Building 26 Broadway, 21st Fl. New York, NY 10004 212-323-7435 www.arvandlaw.com
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AuthorM. Ray Arvand, Esq. Archives
October 2017
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