Listo_ctm_Detainee_Countries

Author: Doug Wood

Mr. Wood grew up in the Tidewater (Norfolk/Virginia Beach) area of Virginia. After earning a BA in History from the College of William and Mary in 1963, he attended the Naval Officer Candidate School in Newport, Rhode Island. He received his commission in March, 1964, and went on the serve five years on active duty. He then enrolled in the Marshall-Wythe School of Law at William and Mary, and graduated in 1972. Mr. Wood spent his legal career with a variety of federal government agencies. The last 11 of this were with the (then) Immigration and Naturalization Service. For the last five of these years he was the lead attorney on all matters relating to immigration bonds. Upon his retirement in 2001, he began a career as a consultant to a number of immigration bond companies. Although retired from the bar, he continues to provide consulting services to immigration bond companies around the country.

immigration bond process

How Does the Immigration Bond Process Work?

How does the immigration bond process work?

One of the most commonly asked questions I hear is “how does the immigration bond process work?”

Many people make the mistake of confusing the immigration bonding process with that of traditional bail bonding. While these two processes are similar, they are also very different. In order to clear up any confusion or misunderstanding of the immigration bond process, I have outlined the process in detail in this blog. That being said, you can always still call the Center for Immigration Assistance directly if you have any specific questions, (844) 910-2342.

immigration bond process

The Players in the Immigration Bond Process

The Players in the Immigration Bond Process.

As you can probably tell, there are multiple players and stakeholders involved in the immigration bond process.

Understanding the roles of each of these players and how they interact and relate to each other will only help you better understand and navigate the world of immigration bonds. A description of each of these key players in the immigration bonding process is as follows:

  • Immigration and Customs Enforcement (ICE). ICE is the agency within the Department of Homeland Security (DHS) charged with enforcing United States immigration laws within the country.

form eoir 33

The Importance of Immigration Form EOIR-33

The Importance of Immigration Form EOIR-33.

There are many forms and documents involved in the immigration process. Each immigration form has a specific purpose and role in ensuring that alien’s are released in the most informative and responsible way possible. One of these forms is the EOIR-33 form. A detailed description of this important and essential immigration form is provided in the following paragraphs.

When Immigration and Customs Enforcement (ICE) arrests an alien because it believes that he/she is in the United States illegally, it has 48 hours to decide whether there is prima facie evidence to justify this allegation, via Immigration Form EOIR-33. 8 C.F.R. 287.3(b).

arrested ICE Custody

Getting Started: Need to Get Someone Out of ICE Custody?

Getting Started: Need to Get Someone Out of ICE Custody?

One of the most commonly asked questions in the immigration bond world is the most obvious one, where do you start?

As you can imagine, most families and individuals have no idea what to do should they or a loved ever get detained.  That is why the Center for Immigration Assistance focuses its website on providing information to families who are navigating the complex work of immigration.  It is why I have written this blog post on where to get started if you need to get someone out of ICE custody.

Master Calendar Hearing

Immigration Bond: Master Calendar Hearing

Immigration Bond: Master Calendar Hearing

As indicated in previous blogs, the first step in a removal proceeding is a Master Calendar Hearing.  This hearing is typically a short preliminary hearing and is usually recognized as the beginning step in the process of removal.  This hearing and all other proceedings in the removal proceeding are scheduled by the immigration court, not Immigration Customs Enforcement (ICE).   Notices of all hearings will come directly from the immigration court.

Individual Hearing

Immigration Process: The Individual Hearing

Immigration Process: The Individual Hearing

Another type of hearing that occurs in the immigration process is the Individual Hearing.

Assuming that the alien’s case is not resolved at a Master Calendar Hearing (e.g., because the alien admits the veracity of the charges in the Notice To Appear), the immigration court will schedule an Individual Hearing.  These hearings are similar, but not identical, to trials in a civil or criminal proceeding.  The parties to the proceeding are the alien and ICE.  An IJ presides over the proceeding.  After confirming that the alien’s name and A-Number are correct, the IJ verifies that ICE has served the Notice To Appear (NTA) on the alien.  If the alien had not already pleaded to the charges in the NTA, the IJ has the alien do so.  I.e., the alien must either admit or deny each factual allegation in the NTA, and then concede or deny deportability.  The IJ also permits the alien to designate the country to which he/she wishes to be sent should the proceeding result in an order of removal.

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