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.
- 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.
- The attorney typically needs a signed “release of information” to obtain files from previous attorney’s, public defenders, or criminal attorneys.
- 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.
- 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”:
- Whether the person has a fixed address in the U.S.;
- the length of residence in the U.S.;
- family ties;
- employment history;
- record of appearance in court;
- criminal history (including how recent and serious);
- history of immigration violations;
- attempts to flee prosecution;
- manner of entry into the United States;
- immigration relief avenues.