Immigration Bond Hearings

When an alien is taken into custody by U.S. Immigration and Customs Enforcement (ICE), the federal Department of Homeland Security investigative agency, he or she will usually be held at the Varick Street Detention Center in lower Manhattan. The agency will decide whether to detain the immigrant, release him or her on bond, or pursue deportation.

ICE often determines its course of action during immigration bond hearings, proceedings at which alleged offenders can present evidence that supports their release from custody. An alien in immigration proceedings may be represented by an attorney of his or her choosing, but the government is not obligated to provide legal counsel.

Lawyer for Immigration Bond Hearings in Queens, NY

If you or your loved one is being detained by ICE in New York City, it is in your best interest to not say anything to authorities until you have legal representation. Law Office represents immigrants accused of criminal offenses in Kings County, New York County, Bronx County, and Queens County.

Queens criminal defense attorney Rochelle S. Berliner can help you possibly get your bond granted or reduced. You can have our lawyer review your case and discuss all of your legal options as soon as you call to schedule a free initial consultation.

New York Immigration Bond Hearings Information Center

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Deportation Issues in New York City Immigration Bond Hearings

Under Immigration and Nationality Act (INA) § 236.1(c), the Attorney General will take into custody any alien who:

  • is inadmissible by reason of having committed any offense covered in INA § 212(a)(2);
  • is deportable by reason of having committed any offense covered in INA § 237(a)(2)(A)(ii) , (A)(iii), (B), (C), or (D);
  • is deportable under INA § 237(a)(2)(A)(i) on the basis of an offense for which the alien has been sentence to a term of imprisonment of at least one yea; or
  • is inadmissible under INA § 212(a)(3)(B) or deportable under INA § 237(a)(4)(B) , when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.

The types of crimes mentioned in the INA sections above that may trigger possible deportation proceedings include a wide variety of criminal offenses. Some of the most common kinds of crimes that immigrants are charged with in these types of cases include, but are not limited to:

  • Other Crimes Involving Moral Turpitude

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Queens Immigration Bond Hearings Process

Removal proceedings begin when the Department of Homeland Security files a Notice to Appear (Form I-862) with the Immigration Court after it is served on the alien. At the master calendar hearing (MCH), the preliminary hearing on immigration following the service of a Notice to Appear, the alleged offender can request a bond hearing.

Several immigrants are usually eligible for relief from removal and must submit applications for relief. When a judge schedules an individual hearing to address an application for relief, it is customarily referred to as a merit hearing.

If an immigration judge grants bond, the federal minimum allowable is $1,500 while there is no maximum bond amount. An immigration bond is not the same as a traditional criminal bail bond because the latter ensures to guarantee an alleged offender's appearance for all future court appearances while the former will guarantee an alien's appearance for all removal proceedings until the immigrant is either granted residency, deported or leaves the country voluntarily and provides valid proof thereof.

During an immigration bond hearing, some of the factors that an immigration judge will consider include:

  • The amount of time the detainee has lived in the United States;
  • The detainee’s family members in the United States who are citizens;
  • The detainee’s employment history;
  • The detainee’s prior criminal history;
  • The detainee’s prior orders of deportation;
  • The risk the detainee will pose a danger to other persons or property if released; and
  • Whether the detainee is a national security risk.

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Immigration Bond Hearings Resources in New York

Varick Street Immigration Court | Executive Office for Immigration Review (EOIR) | Department of Justice — Visit this section of the Department of Justice website to find information about Varick Street Immigration Court. The website lists the facility's hours of operation, location, and staff. You can also view the Immigration Court Practice Manual.

Varick Street Immigration Court
201 Varick St. Room 1140
New York, NY 10014
(212) 620-6279

ICE — On the official ICE website, you can find information about enforcement and removal operations, including custody management, field operations, and operations support. You can also learn more about leadership operations and Homeland Security investigations. The Immigration Enforcement section of the website includes information about detention facilities, removal statistics, the criminal alien program, and much more.

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Law Office | Queens Immigration Bond Hearings Defense Attorney

Were you or your loved one detained by ICE in New York City? You will want to immediately contact Law Office.

Rochelle S. Berliner is an experienced criminal defense lawyer in Queens who represents immigrants in Queens, Manhattan, the Bronx, and Brooklyn. Call or complete an online contact form to have our attorney provide an honest and thorough evaluation of your case during a free, confidential consultation.

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