Two Different Decisions: Custody And The Immigration Case
When a loved one is detained by ICE, the first question families ask me is: “Can we get them out on bond?” If you are in this horrific situation, I am an experienced Alexandria, VA employer immigration compliance lawyer who is available to help.
Bond can give your family member the chance to fight their immigration case outside of detention — but it’s not automatic, and it’s not guaranteed. You have to convince the immigration judge that your loved one deserves release.
Here’s what you need to know about how to win a bond and what you can do to improve your chances.
Who Qualifies For Bond?
Not everyone in immigration detention is eligible for bond.
Generally, a detained immigrant may qualify for bond unless they:
- Have certain serious criminal convictions that make them subject to “mandatory detention.”
- Are considered a danger to the community and/or a flight risk.
If ICE claims your loved one is subject to mandatory detention, your lawyer may have to challenge that first before you can even ask for bond.
What Does The Judge Consider?
If your loved one is eligible, the judge will look at two main things:
- Flight Risk: Will this person show up to future hearings if released?
- Danger To The Community: Does this person pose a threat to public safety?
The judge will weigh factors like:
- Length of time in the U.S.
- Family ties here, especially U.S. citizen or lawful permanent resident relatives.
- Steady employment history.
- History of prior arrests and convictions.
- Past immigration violations or missed court dates.
- Conditions in their home country.
- Any pending immigration applications or likelihood of “relief” in immigration proceedings.
How To Make The Strongest Case For Bond
Over the years, I’ve learned that preparation makes the biggest difference. Here’s what you — and your lawyer — should focus on:
- Evidence Of Family Ties: Birth certificates, marriage certificates, photos with family, affidavits from relatives who live in the U.S.
- Proof Of Residence: Lease agreements, utility bills, letters from landlords or church/community groups showing stable residence.
- Work History: Pay stubs, letters from employers, tax returns.
- Character Letters: Statements from friends, family, employers, pastors, or teachers attesting to your loved one’s good character and reliability.
- Proof Of Rehabilitation (If There’s A Criminal History): Certificates from rehab programs, letters showing they’ve turned their life around, evidence of community service.
Be Realistic About The Bond Amount
Even if bond is granted, the amount is up to the judge. It can range from $1,500 to well over $10,000, depending on the case.
If possible, show proof that your family can actually pay the bond — bank statements, letters from sponsors, etc. — so the judge knows it’s realistic.
Why You Should Have A Lawyer
Technically, you can represent yourself at a bond hearing. But in reality, an experienced lawyer knows how to present the strongest case, anticipate ICE’s arguments, and challenge mandatory detention when necessary.
I’ve represented many detained clients and helped secure their release — and I can tell you: having a lawyer who knows the process and how to frame your story can make all the difference. Whether you need help with a detainer, waiver, or any other deportation issue, it’s a good idea to discuss your situation with a lawyer.
Final Thoughts
A bond hearing is often your best chance to bring your loved one home while their case moves forward. But it takes preparation, evidence, and strategy.
If someone you care about is detained, don’t wait. Contact The Law Offices of Ricky Malik, P.C. today and let’s start building the strongest bond case we can.
