1. Orientation of Families of Detainees
An attorney from Molina Law Group will provide a free one time phone consultation to explain the processes and procedures that your loved one will have to complete in order to qualify for a bond.
Once Molina Law Group is retained for representation, the legal fee will cover all necessary future calls or meetings in person with our staff. You will be able to ask more detailed questions about the court process and specific forms of relief available. We can help you and the detainee come up with a specific plan for the individual case.
2. Halting Expedited Removal
Most recent immigrants who are detained within 100 miles of the U.S./Mexico border are subject to Expedited Removal and do not have a right to see an Immigration Judge or request a bond. In many cases, expedited removal orders may be challenged and/or cancelled. Molina Law Group can submit a request to immediately halt the removal order while the case is under review with the asylum office.
3. Preparation for Credible Fear Interview
In order for the Expedited Removal order to be permanently cancelled, the detainee must pass a Credible Fear Interview with the asylum office. At this stage only testimony of the immigrant will be used to determine if it is believable that harm could occur if returned to the home country. If the individual is found credible, a Notice to Appear will be issued and the immigrant will be able to request a bond from ICE or the Immigration Judge. Most individuals who are determined to have credible fear will be eligible for release from detention.
4. Bond Negotiation
If you are detained, you may be eligible to apply for a bond from ICE or from an Immigration Judge. If you are granted a bond, you can be released from detention and will be able to pursue your immigration case before the Immigration Court located close to home.
You may qualify for a bond if:
- You are not a threat to national security
- Your release would not pose a danger to property or persons;
- You do not have certain disqualifying criminal convictions; AND
- You are likely to appear for any future court proceedings
The Immigration Judge will consider several factors, including family and community ties, length of time in the U.S., employment and immigration history, prior arrests and convictions, prior hearing appearances, and financial ability to pay a bond.
For questions regarding your specific case, and to determine whether or not you are subject to mandatory detention, contact Molina Law Group for more information.
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