Michigan Deportation Bonds
Experienced Deportation Defense Lawyer Patrick S. Fragel
If the Situation is Urgent, Call 24 Hours a Day 800-468-7004
Availability of Deportation Bonds: People are often held in detention centers while their deportation and removal case is pending. They may be transferred to a detention center after being arrested by state or county police. A deportation and removal bond allows them to be free while their case is waiting to be heard by the Immigration Court.
Once someone is taken into custody, and brought before the immigration judge, they can:
- Request that a deportation bond be set or,
- Be released on parole while the deportation and removal case is pending.
Your lawyer can request a deportation bond by filing a written bond request directly to the Court. In deciding whether to grant the person a deportation bond or parole, the Court considers:
- the ties the person has to his or her family and community,
- whether or not he or she has a history of arrests or criminal convictions,
- whether or not they have had prior immigration cases,
- whether or not they have had a history of failing to appear in court,
- whether or not they are financially able to post bond, and their employment background.
Posting Bond: Once the respondent posts bond, he will be released. If the respondent fails to appear for a hearing, or violates and conditions of the bond, the bond is forfeited.
Five Types of Deportation Bonds
Surety Bond: This type of deportation bond involves a contractual undertaking such as the one explained above involving a Bail Bondsman, an Indemnitor and the Court. The Courts tend to favor this form of release because it guarantees that if the defendant fails to appear in court, someone (the Bail Agent) will immediately make an effort to find the defendant, apprehend him/her, and bring him/her back to the court of proper jurisdiction. By involving family and friends of the defendant, a Bail Bondsman and the Courts are reasonably assured of the Defendant’s appearance.
Cash Bail. Cash bail means that the person who is trying to obtain the release of the defendant must deliver the full amount of bail in cash to the jail facility where the defendant is being detained.
Property Bond Property Bonds involve the placing of local real estate (homes only, no raw land or out of state homes) with the Courts as security for the release of a defendant. This process typically takes one to two weeks because it requires a Judge’s approval, a property appraisal, a comparable sales comparison, and the Clerk’s acceptance. However, most states do not accept property bonds.
Release on Own Recognizance (ROR) is another type of deportation bond given to defendant’s who have been in the community for many years, have solid jobs, strong family and community ties, and present little or no risk of flight. This release program is usually administered by a county agency or through a local law enforcement agency. A criminal history background check is performed and a recommendation is given to the court based on those findings. This form of release is common only for first time offenders and for nonviolent offenses. Since there is no financial or other security placed with the court to insure the defendant’s return to court, there is little incentive for them to appear.
Electronic Monitor (ELMO), may be a condition of release in addition to a regular bail bond. The ELMO program is administered either by the local Pre-Trial Services Agency or the local law enforcement agency. This device is usually in the form of an ankle bracelet. It sets off an alarm if a person strays too far from its base located within the defendant’s home.