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

Seven Reasons Why the Georgia Legislature Should Repeal HB-87

Recently the Alabama Attorney General called on the Alabama State Legislature to repeal parts of Alabama's horrid anti-immigration law ( HB 56), because of the "unintended" consequences of the bill (frankly, what happened was not unintended). Because of the similarity between the two laws, Georgia's Speaker of the House, David Ralston was asked whether Georgia Legislature would repeal part or all of HB 87, Georgia own anti-immigration law. HB 87 has caused almost a half a billion dollars in damage to the Georgia economy (along with untold suffering in Georgia's immigrant communities) without any noted or reported positive effect. Speaker Ralston plainly stated that the Georgia Legislature would NOT do anything to repeal HB 87 . While it understandable why a politician would not admit that a pet bill he shepherded and pushed through the state legislature was simply bad law, it is also clear that Speaker Ralston is facing a challenge on his RIGHT in th

U.S. Recognizes Five-year Extensions of Venezuelan Passport

Venezuelans received welcome news this last month when the National Assembly published a decree signed by Interim President Juan Guaido on May 21, to extend the validity of Venezuelan passports for an additional five years past their printed date of expiration. The U.S. Department of State issued a  statement ,recognizing this extension for visa issuance and consular process. They also stated that Customs and Border Patrol would recognize this decree. Obtaining a valid Venezuelan passport has been a difficult, if not impossible, task that has been a source of much concern for those seeking visas to the U.S. or have pending applications for immigration benefits. This decree will allow those currently holding a Venezuelan passport that has expired to automatically add 5 years of validity from the expiration date. While this statement can provide much needed assurance, we recommend that Venezuelans who are currently applying for an immigration benefit, including travel to the U.S. w