Gilberto gets low bond when ICE wanted him jailed

//Gilberto gets low bond when ICE wanted him jailed
Gilberto got out of immigration jail despite allegation of prior gang activityGilberto hired Andres Mejer Law first to defend him in a traffic violation.  After meeting him it became clear that he qualified for Deferred Action for Childhood Arrivals (DACA) under the 2012 Executive Order.  When we successfully helped him out of his traffic violation, he hired us to apply for DACA.  Then two weeks ago he was picked up by Immigratoin Customs Enforcement (ICE) and placed in removal proceedings.  ICE argued that since he was picked up for alleged gang activity, and thus, he shouldn’t be released from detention.

What does an Immigratoin Judge Consider to grant a Bond?

We filed for a bond redetermination.  As I explained in a prior article, to decide on a bond an Immigration Judge focuses on:

  1. Whether he is a danger to the community; and
  2. Whether he is a flight risk;

We showed that he qualifies for DACA, having lived in the U.S. for approximately 10 years, entered the U.S. before he was 16, and graduated from high school in the U.S.  We also showed that he has no criminal record.  In reviewing his past, we saw that he was a victim of assault and may qualify for a U-Visa (legal status for victims of qualifying crimes).  For purposes of the bond, we showed he is a family man, is gainfully employed, and hasn’t been in any trouble.  These aren’t circumstances that would lead a Judge to consider him a danger to the community or a flight risk.

What Bond did Gilberto get?

Nonetheless, ICE felt any affiliation with a gang is sufficient to keep him detained.  Fortunately, they had no evidence of any gang activity.  Gilberto was honest about his past affiliation.  The Judge disagreed with ICE and awarded Gilberto a $2,500 bond.  The minimum bond is $1,500.  I have seen bonds of $10,000 to $20,000.  This was a big win for Gilberto and his family.

Free Resources Available for You

If you face an immigration challenge we have some valuable resources for you:

  1. Do You Qualify for Legal Status?  If you aren’t legal in the U.S. you owe it to yourself to find out if you can get legal status.  Select the link, answer the questions, and find out for FREE.
  2. Do You Need an Immigration Attorney? You Might Not – I will explain when you need an immigration attorney.  Not every needs one.  I will also explain the benefits of hiring one in any immigration challenge.
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  4. An Immigrant’s Guide to Municipal Court – Here I discuss what happens if you get arrested by Immigration Customs Enforcement, what you need to know to get out of custody, and what to expect if you are placed in removal hearings.  I also explain the municipal court process and how a municipal court matter can result in your being placed into removal proceedings.

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Gilberto got a 2500 immigration bond when ICE wanted him detained

2016-11-11T21:01:41+00:00

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