Immigration Bond Hearings
In 2016, the U.S. Immigration and Customs Enforcement removed approximately 240,000 individuals. Nearly 99.3 percent of those individuals met one or more of the ICE's stated civil immigration enforcement priorities, although 101,586 of those individuals had no criminal conviction.
In the initial stages of a case, a deportation officer makes a "first custody determination" of bond based on the facts of an individual's detention and record. The second determination will be in front of an Immigration Judge.
At the immigration bond hearing, the ICE will perform one of three functions:
- Release On Own Recognizance - ICE will release a person with no bond;
- Order of Release on Recognizance - ICE will release a person with special conditions or under supervision; and
- Mandatory Detention - ICE determines that the individual is not eligible for bond.
A bond hearing determination can significantly impact a person's ability to aid an attorney in preparing a defense and being able to access the necessary files.
Many of these hearing occur at the Joe Corley Detention Facility located in Conroe, Texas. The ICE detention center facility in Conroe, TX, has jurisdiction over charging documents issued by the Department of Homeland Security and its District Offices and other agencies in and around Montgomery County and Harris County, TX.
Attorney for Immigration Bond Hearings in Texas
A person is detained by ICE in Montgomery County, Texas, will often be taken to the Joe Corley Detention Facility located at 500 Hilbig Rd. Conroe, TX 77301. If you or someone you know has been detained by ICE and is seeking an experienced immigration attorney to fight for your rights, then contact the lawyers at Luis F. Hess, PLLC.
Luis F. Hess represents clients throughout Montgomery County, Harris County and the surrounding areas in Texas. For immigration bond hearings, we represent clients at the Joe Corley Detention Facility in Conroe and at detention facilities in and around The Woodlands-Houston metropolitan area.
What to Expect from an Immigration Bond Hearing?
If a person is detained because of their illegal status, several different things can happen. The first time that a person comes in contact with ICE, the person is assigned an alien number.
ICE initially determines whether a person is eligible for an immigration bond. If ICE does not agree to a bond, then the alien will have a hearing in front of an immigration judge. An experienced attorney can submit an application for bond on the alien's behalf to be considered at the hearing.
The decision made at the immigration bond hearing depends on the reason for detention. For a simple violation like overstaying a visa or having a minor criminal conviction will often result in a bond being set if the person is not a flight risk.
The bond ensures that the individual will return to the next immigration court hearing. If a person's immigration problem occurred because of a criminal conviction, then an attorney will also need to show the court that the detainee is not a danger to the community.
Filing the Application for an Initial Bond Redetermination
According to the section of Title 8 of the Code of Federal Regulations (8 CFR) concerning bond, the determinations can be reviewed by an Immigration Judge under 8 CFR part 1236. In these cases, an immigration attorney can file an application for an initial bond redetermination.
Immigration Judges have authority to review the bond determinations originally made by the DHS under 8 C.F.R. §§ 236 and 1236. The Immigration Judge might decide to continue the alien’s detention or order the alien’s release and set a bond.
The consideration by the Immigration Judge of an application regarding custody during bond proceedings is “separate and apart” from the alien’s removal proceedings. The determination of the Immigration Judge as to custody status or bond may be based upon any information that is available to the Immigration Judge.
In most cases, the bond proceeding is less formal than other types of immigration court proceedings such as a removal hearing. Under 8 C.F.R. § 1003.19(e), after the initial bond hearing, a second redetermination hearing can be conducted so that the Immigration Judge can reconsider the alien’s custody status, when the request is made in writing and upon a showing that the alien’s circumstances have changed materially since the prior redetermination hearing.
Factors for Discretionary Release on Bond
In determining whether an alien should receive a discretionary release on bond, as well as the amount of bond necessary to secure the alien’s appearance, the Immigration Judges will consider several different factors including:
- the alien’s manner of entry into the United States;
- any attempts by the alien to escape from authorities or flee to avoid prosecution;
- the alien’s history of immigration violations;
- the alien’s criminal record, including the extensiveness of criminal activity, the recency of activity, and the seriousness of the crimes, all of which may indicate
- the level of the alien’s disrespect for the law and ineligibility for relief from removal;
- the alien’s record of appearance at court proceedings;
- the alien’s employment history, including its length and stability;
- the alien’s family ties in the United States, and whether they are such that they may entitle the alien to reside permanently in the United States at a future date;
- the alien’s length of residence in the United States; and
- whether the alien has a fixed address in the United States.
An appeal from the determination by an Immigration Judge may be taken to the Board of Immigration Appeals.
Congress has allowed the mandatory detention of certain aliens, especially those who have committed specified crimes or engaged in terrorist activities. For this reason, DHS is required to detain aliens falling within the mandatory detention categories. The review authority of Immigration Judges and the Board over the detention of such aliens is extremely limited.
For example, an immigration judge is not usually permitted to redetermine conditions of custody imposed by the Service for the following types of aliens:
- Aliens designated in § 1236.1(c) as ineligible to be considered for release;
- Aliens subject to section 303(b)(3)(A) who are not "lawfully admitted;";
- Aliens described in section 237(a)(4);
- Arriving aliens in removal proceedings (including persons paroled after arrival under section 212(d)(5));
- Aliens in exclusion proceedings.
These limitations on the Immigration Judge’s custody jurisdiction do not apply to the preliminary issue of whether the alien was “properly included” in certain categories for which redetermination is barred.
Appeals of Immigration Judge Bond Decisions
An Immigration Judge’s bond decision may be appealed to the Board. 8 C.F.R. § 1003.38 provides that an appeal must be filed within thirty days of the Immigration Judge’s decision. An appeal of a bond decision is processed in the same way as other types of appeals from the decisions of an Immigration Judge, except that bond appeals are not transcribed.
A bond appeal before the Board is deemed "moot" when one of the following occurs:
- the alien departs the United States on a voluntarily or involuntarily basis;
- the alien is granted relief by the Immigration Judge, and DHS does not appeal;
- the alien is granted relief by the Board;
- the alien is denied relief by the Immigration Judge, and the alien does not appeal;
- the alien is denied relief by the Board;
- the alien is released on the conditions requested in the appeal; or
- the alien is released on conditions more favorable than those requested in the appeal.
Joe Corley Detention Facility in Conroe, TX
Joe Corley Detention Facility, located in Conroe, Texas, has jurisdiction over charging documents issued by the Department of Homeland Security and its District Offices and other agencies. If a person is arrested by ICE in Montgomery County, Texas, that person will likely be taken to the Joe Corley Detention Facility located at 500 Hilbig Rd. Conroe, TX 77301.
Office hours are from 8:00 a.m. to 4:00 p.m. During the office hours, family members and friend may contact the facility to determine if a loved one has been detained by ICE. Detainees may not receive phone calls, so a person calling must present the detainee’s biographical information, his or her first and last name, date of birth, and country of birth.
Knowing exactly where a potential detainee is located can be crucial to a bond hearing case, especially when attempting to obtain counsel to represent the person being detained. Since a person can technically be transferred to any immigration detention center, it is imperative to find their location.
Frequently Asked Questions on Removal – Visit the U.S. Immigration and Customs Enforcement website to find frequently asked questions regarding removal, being granted review, and returning to the United States after removal.
Bond Hearings for Immigrants Subject to Prolonged Detention – Visit the ACLU website for more information about bond hearings for immigrants who are subject to prolonged immigration detention, and how to obtain a detention hearing after having been detained for six months. The article analyzes Rodrigues v. Robbins, 804 F 3d. 1060 (9th Cir. 2015), and discusses how this case changed the requirements of a bond hearing.
Joe Corley Detention Facility - Visit the U.S. Immigration and Customs Enforcement website to learn more about the Joe Corley Detention Facility and the Houston Field Office in Conroe, TX.
Joe Corley Detention Facility
Houston Field Office
500 Hilbig Rd
Conroe, TX, 77301
Phone: (936) 520-5000
Find a Lawyer for Immigration Bond Hearings in Texas
If you have a friend or a family member in Conroe, TX, or in the surrounding areas of Montgomery County, who is seeking an immigration bond, contacting an experienced immigration attorney is imperative. Bond motions are a crucial stage of immigration proceedings and hiring a qualified can be the difference between your loved one coming home or staying in custody.
An immigration attorney can help their client seek his or her release by requesting an initial bond redetermination hearing before an immigration judge. As to criminal aliens eligible to be considered for release on bond or conditional parole, the alien must demonstrate by clear and convincing evidence that he does not pose a danger to persons and that he is not a flight risk.
The founder of Luis F. Hess, PLLC represents immigration clients in Conroe, Texas, and throughout the surrounding areas in the greater Houston—Woodland Metropolitan area including the cities of Conroe, Shenandoah, The Woodlands, Spring, and Houston, TX.
Luis F. Hess, an immigration attorney with an office in Shenandoah, just north of The Woodlands and south of Conroe, TX. He can analyze the facts of your case. Call (281) 205-8540 today to schedule your initial consultation.
This article was last updated on Friday, January 27, 2018.