What is a motion for bond determination?

A motion for bond determination is a written request for a hearing by the alien who is detained. The alien may ask for a bond determination hearing by checking the box in the I-268 form (I do request an Immigration Judge review of this custody determination) or by orally asking the Immigration Judge for a hearing on bond determination.

Courthouse

Courthouse

In this motion, the alien asks the Immigration Court the following:

  • To set a time and place to allow the detained alien the opportunity to present evidence on the question of why they should be released from immigration detention;
  • To allow the detained alien the opportunity to present evidence on the question of why the amount of bond recommended by the Department of Homeland Security to be reduced;
  • To allow the alien to post a bond for temporary release from detention;
Flight Risk - Woman inside airplane

Woman Inside Airplane

When is an alien considered to be a flight risk?

An alien is generally considered to be a flight risk when they are unlikely to comply with the order of removal because they are likely to go into hiding, change residences, try to evade lawful authorities or refuse to attend removal proceedings. In these instances, the alien tries to stop any inquiry into their true character and reasons for entering the US. Aliens who are a flight risk are feared to live as fugitives “at large” in the US. The legal reasoning behind the “flight risk” label is that, once an admitted alien has a history of criminal convictions, they are likely to evade removal proceedings, flee prosecution, escape from custody or commit other crimes.

Danger to Community - Misdemeanor DUI or DWI

Misdemeanor DUI or DWI

When is an alien considered to be a danger to the community?

An alien is considered to be a danger to the community if the alien has committed crimes and misdemeanors that pose a danger to the community. For instance, a conviction for a misdemeanor DUI or DWI poses a danger to the community because the alien operated a vehicle even when they were not in the proper physical or mental condition to operate a motor vehicle, thus endangering all other motorists and pedestrians in the roadway. Generally, when an alien has been convicted of a crime or misdemeanor, these are proof of being a danger to the community.

Documentary Evidence

Evidence

What kinds of evidence can a detained alien present?

Generally, a detained alien must present convincing evidence that proves: they are not a flight risk; and they are not a danger to the community. In practical terms, the alien must present evidence that shows that they will appear during all hearings of the removal proceedings, that they will submit to any order of removal; that they will not be a public charge; that they will not endanger the community if they are released. This evidence may take the form of public documents such as court records; or private documents such as letters of support or letters of recommendation.

o-1 Visa Documentation

Documents

What documents can I present to show that I am not a flight risk?

  • Employment ID or Driver’s license to show that the alien has a physical address, a place where they may be reached;
  • Electricity or water bill to show their residence;
  • Bank statement to show that they have funds or a source of income and they can afford to post a bond;
  • Membership in a professional affiliation to show that they have ties to the community;
  • Membership in a church or other community organization to show that they are involved in the community;
  • Certificates of title to real property, deed of mortgage to show that they have an interest in maintaining their legal status in the US;
  • Birth certificates of child, marriage certificate especially if the alien’s children and/or spouse or partner are US citizens;
  • Certificates of employment; contract of employment; letter of employment; letter of recommendation or support from employer;
  • Hospital or medical record if the alien has a medical condition that is non-communicable but requires medical attention or medical assistance (diabetes or high blood pressure, for example);
  • Business or tax records to show that the alien has an ongoing business concern;
Immigration Documentation

Documentation

What documents can I present to show that I have ties to the community?

Ties to the community are usually proved by showing ties to family and to community organizations or institutions. An alien may present the following:

  • Certificates of attendance at sports or social activities;
  • Awards or commendations from professional or other social groups;
  • Letters from members of the community (a pastor, priest, rabbi, or imam) showing that the alien participates actively in community activities;
  • Letters from family and friends showing the positive influence of the alien;
  • Academic achievements academic records;
  • Plaques or certificates of appreciation for volunteer work;
Petty Crimes

Petty Crimes

If I have had a conviction for misdemeanors or petty crimes, what evidence can I present to show that I am not a danger to the community?

  • Present the court records that show what kind of crime you committed and the circumstances of your conviction;
  • Present certification that you have served the penalty imposed;
  • Present evidence that you have successfully completed probation;
  • Present evidence that you have performed community service (for instance, if you were convicted of damaging public property, you can show that you helped clean up or repair public property)
  • Present evidence that you have entered or successfully completed a rehabilitation program;
  • Present evidence that you have entered or successfully completed a vocational course or any other further education course to show that you have tried to better your circumstances;
Indian Family

Indian Family

What role does the alien’s family play in proving that they are not a flight risk or a danger to the community?

The alien’s immediate and extended family play a large role in humanizing the alien. They can write letters or declarations to the Immigration Judge to show the value of the alien’s presence in their lives. If the alien supports his family, then his financial contribution may render the family at risk for financial hardship if the alien is detained.

If the alien cares for other family members such as children, disabled or elderly family members then this proves not only ties to the community but also that they are invested in the community.

Do you need assistance in gathering evidence to present to prove that you are not a flight risk or a danger to the community? Please call or see any of our immigration attorneys who are willing and able to suggest the kinds of evidence you may use to support your request for release on bond.

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