BOND HEARINGS

When looking at a bond case, the judge will determine whether or not an individual is eligible for bail.

It is possible that if an individual has received a deportation order, they may not be eligible for bond.

If someone is determined to be a flight risk or a danger to the community, they will be denied bail or deemed ineligible.

The judge also has the ability and freedom to examine and consider any evidence available to him to determine whether or not the person in question is a flight risk or a danger to the community.

Given this, the judge also has the ability and freedom to consider whether the individual was apprehended or caught crossing the border or whether he or she has established residency here in the United States.

If someone has been caught or apprehended crossing the border, bail will usually be denied. Although, that being said, it is still entirely possible to receive bail, even if they do not meet all the requirements set out in 42b or the cancellation of removal or deportation.

To give you an example of the above information: If an individual has been sentenced or convicted of a DUI (driving under the influence), then that person may be seen as a threat to the community. Therefore, the judge will likely deny that individual bail on this basis.

REQUIREMENTS

If an individual does not have a close or immediate family member here in the United States, it may be considered a flight risk due to the fact that they do not meet the requirements for a 42b or the cancellation of removal.

Given all this information regarding the judge’s discretion, there is no way to fully know how the judge is going to rule on the case or bail.

That said, there are several crimes that make it impossible to obtain bail and/or the requirements for a 42b (cancellation of removal). Crimes that make it impossible to obtain bail are called Aggravated Felonies.

If the person seeking bail has one of the following convictions, we will not take their case.
If one has been sentenced or convicted of the following crime, our firm will not be able to take their case. Take a minute to review the list and determine if the person who needs help has an Aggravated Felony.

AGGRAVATED MAJOR CRIMES UNDER 8 U.S.C. § 1101(A)(43)

• Human trafficking – trafficking, harboring or transporting foreigners with the exception of the first offense in which the trafficked person was one of the parents, spouse or child.
• Attempt to commit an aggravated felony.
• Bribery of a witness – if the term of imprisonment is at least one year.
• Theft- if the term of imprisonment is at least one year.
• Child pornography
• Commercial bribery – if the term of imprisonment is at least one year.
• Conspiracy to Commit an Aggravated Felony
• Forgery – if the term of imprisonment is at least one year.
• Crime of violence as defined under 18 USC 16, and that resulted in a term of at least one year of pressure, if not a “strictly political offense.”
• Destructive apparatus – trafficking of destructive devices such as bombs or grenades.
• Drug Offenses – any offense commonly considered to be “drug trafficking” plus the federal drug offenses cited and similar state offenses of major crimes
• Failure to appear – serving a sentence if the primary offense is punishable by a 5-year term or facing charges if the primary sentence is punishable by 2 years.
• False documents – use or create false documents, if the term of imprisonment is at least twelve months, with the exception of the first offense which was committed for the purpose of helping the person’s parents, spouse, or children.
• Firearms-firearms trafficking, plus various federal crimes related to firearms and the state’s analogues.
• Forgery – if the term of imprisonment is at least one year. California Quick Reference Table and Notes. February 2010. N-63 Immigrant Legal Resource Center
• Fraud or deception-offense if the victim’s loss exceeds $10,000.
• Illegal re-entry after deportation or removal for an aggravated felony conviction
• Money Laundering – money laundering and monetary transactions of illegally derived funds if the amount of funds exceeds $10,000, and offenses such as fraud and tax evasion if the amount exceeds $10,000.
• Murder
• National Defense- offenses related to national defense, such as gathering and transmitting national defense information or disclosure of classified information.
• Obstruction of justice if the term of imprisonment is at least one year.
• Perjury or incitement to commit perjury – if the term of imprisonment is at least one year.
• Prostitution – offenses such as having a prostitution business.
• Demand ransom – offense related to demanding or receiving ransom.
• Violation.
• Receive stolen property if the term of imprisonment is at least one year.
• Reveal the identity of an undercover agent.
• RICO offenses- if the offense is punishable by one year’s sentence.
• Sabotage.
• Sexual abuse of a minor.
• Slavery – offenses related to pawn status, slavery, and involuntary servitude.
• Tax evasion if the government’s loss exceeds $10,000.
• Theft – if the term of imprisonment is at least one year.
• Traffic in vehicles with altered identification numbers if the term of imprisonment is at least one year.
• Treason- federal offenses related to national defense, treason.

We hope this letter will help you better understand your case. Please let us know if you have any questions. We are here to help.