How Judges Determine Bond Amounts

Often times, a detainee’s family member comes into my office for a consultation regarding a bond hearing and I offer them a projected bond amount. The most immediate reply that I receive is, “I don’t understand? John Doe only got a $1,500.00 bond and Jane Doe got out after paying $2,500, why is my relatives bond going to be higher?” The simple answer to this question is everyone’s case is different. However, to help you understand how bond is determined I have listed the most common factors taken in consideration when a judge makes a bond determination:

  1. Employment and Employment Length
  2. Length of Residence
  3. Family Ties in the United States
  4. Criminal Record
  5. Previous Immigration Violations
  6. Eligibility for Relief

All of these factors are taken into account when a Judge makes a bond determination. An immigration judge has discretion to weigh certain factors more heavily than others. Though, typically the presence of a criminal record and previous immigration violations will most undoubtedly raise the bond significantly.

Please note that no matter how well situated a detainee is, the judge has discretion to set bond. And for the most part each judge will weigh the above listed factors slightly different. It takes an experienced lawyer who has experience with the judges to present your case in such a way to ensure that you get the lowest possible bond. At Ariano & Reppucci, PLLC we have experience in obtaining the lowest possible bond for our clients. We take each case and make sure we leave no stone unturned and explore every factor and tailor your case to highlight all of the positive factors that will reduce your bond. If you have not been given a bond, or you feel your bond was set to high we can help. Contact the experienced Phoenix immigration attorneys at Ariano & Reppucci for more information.