Getting a bond in a deportation case in Arizona

Deportation and Removal in Arizona

Lots of people ask us about how the law works for deportation bond hearings in immigration cases.  If you or a loved one are facing deportation and have been taken into custody here are some basic concepts for you to know.

Deportation is known as “removal.”  Anyone who is in the United States without authorization  can be detained and placed in removal proceedings.  Unfortunately, the law is quite unforgiving when it comes to immigration removal cases.  As such, there is a great deal of inflexibility in the system.

There are a whole host of people who are simply ineligible for a bond if they are detained.  While some exceptions may exist, typically people who have had prior removal orders are ineligible for cancellation of removal.  Thus, if you have been “deported” and had a legal bar to reenter the United States, you probably don’t have a way to avoid being removed from the country again.

There are also a whole host of criminal convictions that can make you ineligible for bonds cancellation of removal.  Any serious “Aggravated Felony,” Crimes of Moral Turpitude, or Drug Offenses typically act as bars to obtain bonds in immigration court.  There are also a number of criminal convictions that will make it very difficult to get a bond.  Someone convicted of multiple DUI cases, for example, may find that the immigration judge will deny a bond because they deem the person a “Danger to the Community.”

The short story is, if you have been convicted of a crime and are facing removal, do your homework before you hire an immigration attorney.  Make sure that you share all of your legal history with that attorney.  It will do you no good if you withhold a criminal conviction or a prior removal order.  If an immigration attorney accepts your case, make sure that you know why it is that you are eligible for a bond.  There are some instances where clients sign up with an attorney for a cancellation of removal case not knowing that they would have to remain in immigration detention for at least six months.  As such, arm yourself with the information that you need before you make the decision to hire.

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Also know that in limited instances, an ICE deportation officer may grant a bond very early in the process.  Typically deportation officers interview subjects once at the Phoenix location and another time in Florence or Eloy.  If a bond is offered in Phoenix, you may only have a limited amount of time to pay it.  Again, it makes sense to move quickly and speak with an attorney as soon as possible.