Certain categories of individuals are not eligible for bond. Anyone with an aggravated felony conviction, or a criminal conviction of anything defined as a particularly serious crime or two or more crimes of moral turpitude is not eligible for bond. Even minor offenses such as driving without a license or marijuana possession can have a significant negative impact on a bond decision. Anyone with a prior removal order, no matter how long ago, is generally not eligible for bond. There is also current and ongoing litigation regarding whether people who entered the United States without a visa or parole are eligible for bond. Individuals in these categories may be forced to seek release through a writ of habeas corpus in federal court.
It is best to be prepared for a potential bond hearing prior to being detained. That means having someone you trust have copies of important paperwork necessary for an immigration bond application. At a minimum, that paperwork should include:
- A letter from a United States citizen or permanent resident sponsor agreeing to be responsible for you. That letter should include copies of their identification and least three years' worth of tax returns or tax transcripts.
- Copies of your passport or identification documents.
- Copies of all family birth certificates, marriage and divorce certificates.
- Proof of your residences for the last 5 years.
- Proof of your employment for the last five years.
- Any other documents, such as awards, education, certificates that show your ties to the community.
- Letters from friends and family members that explain why you should be released on bond. Each letter should contain the person's name, address and a copy of their identification. Each letter should state how long the person has known you and how they know you.