Facing immigration law violation charges can be a stressful and confusing situation. Family or loved ones are faced with trying to determine exactly where a person has been detained, and likely do not know how to obtain immigration court and bond information from U.S. Immigration and Customs Enforcement (ICE). By contacting Brennan Immigration Bonds, you are one step closer to freedom while having an experienced company guide you through the process.
At Brennan Immigration Bonds, we understand your need to have your loved one set free, and our agents will help you post your immigration bond. Nevada law allows an immigrant to post a bond, whether documented or not. Under the law, you or your family members can post bond and have the detainee released. There are options for posting an immigration bond which could make the process easier than you think.
Understanding Nevada Immigration Bonds
A Nevada immigration bond is a federal bond that is paid to the Department of Homeland Security in exchange for your freedom. It is a guarantee that you are committed to meeting all requirements of the immigration court, as you await the outcome of your case. Undocumented people, green card holders, persons with expired travel documents, and persons seeking asylum will usually be granted a bond by the immigration judge or a deportation officer. Naturally, anyone detained by ICE who has committed a crime must be evaluated by different criteria to determine if a bond will be granted, or if the person must return to their country. The purpose of an immigration bond is to ensure that the person complies with the court. This includes following all rules while out on bond and showing up to all scheduled appointments or hearings during your case. Anything of value used to secure a bond is called collateral. For an immigration bond, a 15% premium will be required
Who Is Eligible For A Nevada Immigration Bail Bond Hearing?
Most detainees qualify for a Nevada immigration bond. Undocumented persons, foreign citizens, green card holders and asylum seekers are likely to be granted a bond. Regarding immigration bail bonds, your criminal and immigration history plays a crucial role. However, if your charges are for crimes of moral turpitude, terrorism, aggravated felonies, or being in possession of controlled drugs and substances, you may not be eligible for an immigration bond, or you may qualify for a type of immigration bond which allows you a short amount freedom while preparing to depart the United States.
Requesting a Bail Bond Hearing in Nevada
Immigration laws are stringent, leading to more detainees under USCIS. The bond will be a fixed amount. If you are unable to post the bond due to the amount, you may need to retain a lawyer who can motion the court to lower your bond. You should note that an immigration judge can decide to decrease or increase your bond as they see fit. The lowest amount an immigration judge can impose is $1,500.
A Nevada immigration bond is the amount set by an immigration judge or the ICE to secure your release. The bond amount can increase or decrease depending on the following factors:
- The detainee's immigration status.
- The detainee's criminal history
- The aliens' employment status.
- The aliens' family ties.
If the alien possesses a high flight risk, then an immigration judge or ICE will likely set a higher bond. The judge may determine that more time and information is required in order to determine if a bond should be granted. In this case, the detainee may be required to remain in detention until another hearing is scheduled. In Nevada, immigration bonds can range from $1,500 up to $50,000, or more. Departure bonds have a minimum range of $500, which is refundable when the alien voluntarily leaves United States soil within the stipulated time. You should note that it can take up to one year before the government refunds the bail money you posted. However, Brennan Immigration Bonds takes great pride in being able to return most collateral in less than 15 days from being notified of case termination.
What To Expect During An Immigration Bond Hearing
During this hearing, the judge will try to assess if you are a flight risk or a threat to the community. You can ask family or friends to help provide documentation. Some of the documents your family or friends can provide to the immigration judge are:
- Your legal resident card.
- Your spouse's birth certificate.
- Your child's birth certificate.
- Evidence shows if you have a property in the U.S.
- Proof of your employment.
- Letters from the community show that you assisted them in their time of need.
Nevada Immigration Bond Process
The immigration bond process starts with your arrest by the DHS enforcement officer. After your arrest, the Department of Homeland Security will take you to an immigration facility to process and book you.
After booking, you may have an interview with a deportation officer who will determine and set your bond amount, or you may be set for a hearing before an immigration judge instead. You should know that the DHS sets an immigration bond amount, which can vary. A requirement of posting an immigration bond is that an indemnitor (outside party who guarantees your appearance in court) must post your bond. The indemnitor, usually a friend or a family member, can contact Brennan Immigration Bonds for any questions they have about the process. We are happy to help you and your loved ones have a thorough understanding of how ICE operates, how bond amounts are determined, the different types of immigration bonds and exactly what steps will be taken to get your bond posted.
Posting an Immigration Bail Bond
Having Brennan Immigration Bonds post your bond is beneficial in many ways. Most importantly, you will have access to our agents at all time. This ensures that all of your questions are answered and every concern is addressed. You will never have to be worried about submitting documentation to ICE or have to spend your valuable time trying to reach officers to assist with any issues that may arise. Brennan Immigration Bonds will relieve you of all those daunting tasks, and we are available to help 24 hours a day, 7 days a week. To get started, we will ask for some basic information to determine which facility you or your loved one is being detained at, as well as when the next scheduled hearing is. We will need:
- The detainee’s full name
- Detainee’s A # (9 Digit number beginning with an “A”)
- The detainee's country of origin
Prior to submitting a request to post an immigration bond, we will need to have the above details. We will then be able to confirm the bond amount.
An immigration bond is a contract between three parties:
- Detainee/Indemnitor for the Detainee
- Department of Homeland Security.
- The bond company who guarantees that the detainee will attend all the hearings and honor each Notice to Appear.
possible. Our goal is to always return collateral within 15 days. This is one of the most beneficial services provided when using an immigration bond agency instead of posting a bond at the immigration facility. It could take much, much longer to recover collateral without the assistance of a knowledgeable immigration bond agent.
Explaining Premium and Collateral
An Indemnitor is another party in this contract whose role is to guarantee the agent or bondsman that the respondent will appear at all court hearings as required. Indemnitors are required to pay a 15% bond premium for any immigration bond posted in Nevada. This premium is non-refundable, as it is the fee for services provided. The full amount of the bond must be secured, so we will also require collateral. Collateral can be in the form of cash, credit or real estate property. Any collateral held by Brennan Immigration Bonds is returned immediately upon receiving a Cancellation of Bond. When an immigration case is terminated, we should receive this cancellation from ICE. It is always the best idea to call Brennan Immigration Bonds as soon as you know the case has been terminated so that we can return your collateral as quickly as possible.
When using real estate property as collateral, the bondsman will first need to run a property report. It is important that the property be free of any liens and only have one mortgage. Using the report, we will confirm that the property has sufficient equity. This means that the property is worth much more than you currently owe. Ideally, any property being used to secure the bond would have at least 3 times the bond amount in equity. For example, if you have a balance on your mortgage of $100,000.00 and your home is worth $101,000.00, then we are unable to use it as security. However, if you owe $100,000.00 and your home is worth $200,000.00, then you have plenty of equity in your home. We only need the owner’s name and address to run this report, and will have results within 20 minutes.
Many people are understandably cautious about using their home as collateral. Much of the information available provides an inaccurate set of consequences for using a property to secure a bond. We assure you that these common misconceptions are simply not true. For instance, the scariest threat is that you will not be able to sell or refinance your home. You can absolutely sell your home, even if we currently are using it as collateral. There are a couple of ways to go about this. The first is that you begin making payments on the bond amount at the time the bond is posted. Every payment you make is put into a collateral account and once you have paid the amount of the bond, we provide a satisfaction of mortgage for your property. This is a “substitution of collateral”. All the money being held will be returned upon termination of the case. The second option would be that the property owner or title company requests a payoff letter for the mortgage when you are ready to sell or refinance. We will provide this document, as well as instructions for a wire transfer in the amount of the lien. Once the wire is received, a satisfaction is immediately provided so as not to hold up the sale of your property.
Another fear is that a bond company will “take” your home as soon as the person who was bonded out fails to appear in court. That is only the very last resort and is extremely rare. If your friend or loved one fails to meet a requirement resulting in a breach of bond, the bond agency would contact the home owner to notify them of the breach. Then, together, the owners and the bond agency will try to find a solution to prevent a foreclosure. In some cases, proof can be provided that the person has returned to his/her country of birth. In this case, the agency can submit proof of such to ICE (statement form the embassy or consulate, proof of travel etc.) so that a cancellation of bond can be sent. In other cases, the owners of the home enter into a payment plan to pay off the lien.
At Brennan Immigration Bonds, we do anything possible to avoid loss of collateral. Our main priority is reuniting loved ones and to do so without any loss to our clients. We make every effort to ensure that collateral is recovered, and we succeed over 99% of the time.
Upon cancellation of your immigration bond, Brennan Immigration Bonds will return your collateral within 15 days.
Types of Immigration Bonds
There are two main types of immigration bail bonds in Nevada. They are:
Delivery Bond
A delivery bond is the most common immigration bond. It allows the detainee the freedom to live and work in the United States while their case is still in court or as they wait for the process of obtaining legal status. It also allows you to consult with your immigration attorney regarding your case.
When ICE officials arrest an unauthorized person or immigrant, an immigration court will determine if they are suitable for a delivery bond.
ICE will temporarily release the detainee, with the understanding that the detainee will attend all court hearings. If the person fails to appear before the court, or an ICE deportation officer, the immigration bond will be forfeited, the immigration bond agency will be notified of the breach, and any collateral being held will be used to pay the bond.
Voluntary departure bond
Regarding this type of bond, the law allows the detainee to leave the United States voluntarily within a stipulated time, at their expense. Failure to depart from the U.S within the time frame stipulated on a voluntary departure bond will result in the respondent's detention.
Brennan Immigration Bonds has over 20 years of experience and agents are licensed to post all types of immigration bonds.
The law allows a person to voluntarily leave the U.S after the ICE initiates removal proceedings or if the proceedings are underway. The judge will require someone to post an immigration bond in this situation. This amount is sufficient to ensure that the detainee voluntarily departs from the country within the given time frame.
When the court allows an immigrant to leave the country voluntarily, and they do so, any collateral will be returned to the payer.
What to Expect After Posting Immigration Bail Bond
After posting the immigration bond, the ICE will release you from their custody, clearly understanding that you will honor your commitment to the immigration court. It is also important that consideration and respect be given to any person who is taking a financial risk to ensure your freedom. If you are release from custody on a bond, remain in contact with the person who posted that bond. Report any changes in phone number, e-mail address, mailing address or change of employment.
This freedom is temporary, for your case is still ongoing, and the immigration bond will ensure your freedom as long you continue to meet any requirements set by the court. If you miss these hearings, the court could order your deportation or, in some instances, deny you access to reenter the United States.
What happens if You are Unable To Post a Bond?
If you, your family, or your friends cannot raise bond funds, you will remain in detention until the conclusion of your case. An attorney may be able to assist in getting your bond reduced by filing a motion with the immigration court.
At Brennan Immigration Bonds, we will accept payment from various payers and will process as many as 5 credit cards to aide in getting the bond posted. We will also never charge more than the 15% premium, so you will not be asked to make a monthly payment for services (unless you are on a payment plan for premium or collateral), there are no application, annual or “re-certification” fees.
Release From Detention After Posting Immigration Bail
Depending on the facility where you are detained, it may take you one to twenty-four hours before your release. Each facility operates independently and follows procedures specific to it’s location, size and capacity. Some facilities release detainees directly from the facility with no requirements for travel, others require that we provide travel itinerary prior to release. Any facility that houses female detainees has special requirements for release to ensure the safety of these women.
Many facilities are located outside of city limits, far from stores, airports, bus stations and restaurants. These facilities have specific restrictions for release, including no detainees being released after dark. At these locations, we must provide proof of pick-up by a taxi company along with travel itinerary. This, unfortunately, is an additional expense for the friends or family. These procedures have been heavily criticized and are likely to soon change to include transportation for the detainee to an airport or bus station upon release.
Does Facing Immigration Hold Result in Deportation?
Facing immigration charges does not always result in deportation. An immigration hold means that ICE has been notified that a person is in custody in a state facility. You may have a bond for your state charges, which can be posted but does not ensure your release from state custody. You may be interviewed by an immigration officer who will determine if you will be permitted to be released under the posted bond or if you will be transported to an immigration facility instead.
Nevada ICE Detention Facilities
Nevada has several ICE facilities. They are as follows:
Nevada Southern Detention Center
Nye County Detention Center
Henderson Detention Center
Washoe County Jail
There Is Only One Immigration Bond Company That Can Check Every Box!
- Over 20 years of experience in posting immigration bonds
- Kind, compassionate and patient agents who take time to answer all of your questions
- Has no hidden or unexpected costs, like annual fees or monthly service fees
- Holds your collateral in a safe account and returns it to you immediately upon case termination
It can be stressful if you or your loved one has been arrested and detained by immigration or the Department of Homeland Security due to immigration issues in Nevada. Ensuring you post a Nevada immigration bond will allow you to solve your immigration problems outside of detention.
Engaging the services of a reputable immigration bail bond company should be your top priority. At Brennan Immigration Bonds, we will secure your release from custody and will monitor your case so that no scheduled hearings are overlooked. We will hold your hand from start to finish and will assist with any concerns throughout this process. If you have any questions, kindly call us at 1-888-668-1588.