Skip to main content

Securing Immigration Bonds in Atlanta – Tips for Out-of-Town Attorneys

Lately, ICE has been moving many individuals picked up at the southern border to Ocilla, Georgia. This means that individuals with families in other states are now forced to request bond in Atlanta, Georgia.  These families often go to attorneys in their states who then file the bond request in Atlanta.  After watching several out-of-town attorney request bond for their recently arrived clients, I have come up with a list of tips:

1. Get Your Evidence Together

Judges in Atlanta want to see evidence that a client is not a danger to the community and evidence that he/she is not a flight risk.   You cannot file a Motion for Bond with no evidence and expect that a Judge will grant your Motion.  Relevant evidence is a must!


2. Do Not Assume Your Motion for Telephonic Hearing Will Be Granted

We are often called by out-of-town attorneys only one or two days before a bond hearing.  The attorneys are frantic because they have just discovered that their Motions for Telephonic Hearings have been denied.  Judges in Atlanta rarely grant Motions for Telephonic Hearings.   Do not assume your telephonic request will be granted.  Please either make arrangements to be in court the day of your hearing or consult with a local attorney before filing to ensure that someone will be available on your behalf the day of your hearing.


3. Do Not Neglect the Overall Case

According to many of the out-of-town attorneys that I speak with, Judges they practice before will routinely grant bond without any inquiry into the ultimate relief the client will be seeking.  That is not the case in Atlanta.  In considering flight risks, Judges will often look at your client’s ultimate eligibility for relief.  Obviously, you do not have to have your entire case in chief ready to go on the day of the bond, but you must have conducted some analysis of the case and should be prepared to handle a Judge’s questions regarding what your client plans to do to fight removal when and if she is released.

4. Passing a Credible Fear Interview Does Not Mean Your Client Will Get Bond

This is the biggest mistake that I see out-of-town attorneys make.  Judges consider individuals who have only recently arrived a heightened flight risk.  In fact, in my experience, the most difficult bonds to obtain in Atlanta are for individuals who have only recently arrived and just passed a creditable fear interview.   

Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence.

The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their driver's licens…
Si usted es inmigrante (incluso un ciudadano de los EE.UU.), aquí hay 9 cosas que usted debe saber.

¿Es usted un ciudadano estadounidense naturalizado, residente legal permanente, titular de una visa o inmigrante indocumentado? Le recomendamos que tome los siguientes pasos para protegerse de nuestra versión actual de América.
Las últimas semanas hemos recordado a los inmigrantes, incluso a los ciudadanos estadounidenses naturalizados, que no nacieron en los Estados Unidos. Nuestra oficina ha recibido innumerables llamadas telefónicas, mensajes de correo electrónico y mensajes de medios sociales de personas preocupadas por el futuro de su familia en los Estados Unidos.
La mayoría de gente quiere saber qué puede hacer ahora para protegerse de lo que promete ser una ola de actividad anti-inmigración por parte del gobierno federal. La orden ejecutiva de Trump sobre la aplicación de la ley interior tiene algunas disposiciones que deberían hacer temblar a la mayoría de los estadounidenses. …