The burden of proof in immigration bond cases is established in order to argue for you or your family member to be released from a immigration hold, detention, or to argue a release from custody. A hearing will be held by a judge to determine if 1) he or she does not pose a danger to the community and, 2) is not a flight risk.

Regarding “danger to the community”, the judge will consider

  • Any criminal history, arrests/convictions, length of sentences, compliance with any orders, and any signs of rehabilitation.
  • Testimony regarding any adverse conduct or details
  • In the application of discretion, judges can evaluate mere arrests, although a conviction is lacking.
  1. Records must be reviewed to anticipate what the government will review in it’s decision on whether to issue a bond and release the accused.
  2. The attorney typically needs a signed “release of information” to obtain files from previous attorney’s, public defenders, or criminal attorneys.
  3. May need a background check report from the FBI and Department of Justice, to anticipate all of the records and history that the judge will consider.
  4. Check the I-213. This form gives a good preview of what records ICE already has on file.

Courts consider the following for the second factor known as “flight risk”:

  1. Whether the person has a fixed address in the U.S.;
  2. the length of residence in the U.S.;
  3. family ties;
  4. employment history;
  5. record of appearance in court;
  6. criminal history (including how recent and serious);
  7. history of immigration violations;
  8. attempts to flee prosecution;
  9. manner of entry into the United States;
  10. immigration relief avenues.