Metro Atlanta
Immigration Detention Attorneys
Serving Clients Nationwide
Protecting Your Rights After Immigration Detention
When a loved one is taken into immigration custody, families are often left with urgent questions about where the person is being held, how long they may remain detained, and whether they can be released while their immigration case continues. Immigration detention can move quickly, and understanding the available legal options is critical. At Bair Wilson Sharma LLC, our immigration attorneys help detained individuals and their families understand the process, evaluate potential release options, and pursue bond when available.
Immigration detention is generally handled by U.S. Immigration and Customs Enforcement (ICE). A person may be detained after an encounter with immigration authorities, following an arrest or release from criminal custody, when returning to the United States, or while removal proceedings are pending. Individuals with prior removal orders or certain criminal histories may also face detention.
Being detained by ICE does not necessarily mean that someone will immediately be removed from the United States. In many situations, the individual still has an immigration case to address, and there may be defenses against removal or other forms of immigration relief available.
One of the first questions families often have is whether their loved one can be released. Depending on the legal basis for detention and the individual's circumstances, release may be possible through an immigration bond or another form of custody determination. However, not every detained person is eligible for a bond hearing before an immigration judge.
Our lawyers can review the circumstances surrounding the detention, immigration history, criminal record, and pending proceedings to help determine what options may be available.
Call Bair Wilson Sharma LLC at 678-250-6095 to schedule a consultation with a lawyer today.
Seeking Release Through an Immigration Bond Hearing
For eligible individuals, an immigration bond hearing provides an opportunity to ask an immigration judge for release from custody while the underlying immigration proceedings continue. A bond hearing is separate from the removal case itself. The primary question is generally whether the individual should remain detained while that case proceeds.
Immigration judges may consider several factors when determining whether bond is appropriate and, when applicable, the amount of bond. Issues can include whether the person presents a danger to the community, whether they are likely to appear for future immigration court proceedings, their immigration and criminal history, and their ties to the United States.
Evidence of strong community and family connections can be important. Depending on the case, supporting materials may include proof of family relationships, a stable residence, employment history, community involvement, financial responsibilities, rehabilitation, and letters of support.
Preparation matters. Rather than approaching the hearing with only a general request for release, our attorneys work to present information that addresses the issues the immigration judge is likely to consider.
Some individuals are subject to forms of detention that may restrict or eliminate an immigration judge's authority to grant bond. Mandatory detention can apply in certain cases, including cases involving particular criminal or immigration circumstances. Other categories of individuals may also face different custody rules depending on how and when they entered the United States and the legal authority under which they are being detained.
Because detention law is complex and can change through legislation, regulations, and court decisions, determining bond eligibility requires an individualized review.
Urgent Guidance for Detained Individuals and Their Families
Immigration detention affects entire families. A detained individual may be a parent, spouse, employee, or primary financial provider, and even a relatively short period in custody can disrupt a family's daily life. At Bair Wilson Sharma LLC, we understand the urgency surrounding detention cases and work to provide families with clear information about what may happen next.
Our representation can begin with reviewing the individual's immigration and custody history and determining where the underlying immigration case stands. If the individual is eligible for a bond hearing, our attorneys can help prepare supporting evidence and advocate for release before the immigration judge.
Obtaining release on bond does not end the immigration case. A person who is released generally must continue complying with immigration requirements and attend all scheduled court hearings. Failure to appear can result in serious consequences, including an order of removal in certain circumstances.
Our lawyers can also evaluate the underlying removal case to identify potential defenses or relief. Depending on the individual's circumstances, potential options may include asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal, adjustment of status, certain waivers, or other relief available under federal immigration law.
When bond is denied or an immigration judge does not have authority to grant release, other legal options may need to be evaluated based on the circumstances. Detention cases can involve complicated questions regarding federal immigration law, constitutional protections, and the authority under which a person is being held.
Our attorneys provide hands-on representation and direct communication throughout this process. We help families understand what is happening rather than leaving them to navigate ICE detention and immigration court procedures on their own.
Our firm provides multilingual legal services in English, Spanish, French, Ukrainian, and Russian, helping families communicate about urgent immigration matters in the language they are most comfortable speaking.
We proudly assist individuals and families throughout the Metro Atlanta Area with immigration detention and bond matters. If you or a loved one has been detained by immigration authorities, our attorneys can review the circumstances, determine whether a bond hearing or another release option may be available, and help protect the individual's rights while the immigration case moves forward.
Immigration Detention & Bond Hearing FAQs
What happens when someone is detained by ICE?
When someone is taken into ICE custody, they may be held at an immigration detention facility while their immigration case or removal proceedings continue. What happens next depends on their immigration history, the legal basis for detention, criminal history, and other circumstances.
How can I find out if my loved one is in immigration detention?
ICE maintains an online detainee locator system that may help families locate individuals in immigration custody. Having information such as the person's full name, country of birth, date of birth, or Alien Registration Number (A-Number) can help with the search.
What is an immigration bond hearing?
A bond hearing is a proceeding in which an eligible detained individual asks an immigration judge to authorize release from custody while their immigration case continues. It is separate from the hearing that determines whether the individual may remain in the United States.
Is everyone detained by ICE eligible for a bond hearing?
No. Bond eligibility depends on the legal authority under which a person is detained and their individual circumstances. Certain individuals may be subject to mandatory detention or other custody rules that limit an immigration judge's ability to grant bond.
What does an immigration judge consider at a bond hearing?
Depending on the case, the judge may consider factors such as whether the individual presents a danger to the community, whether they are likely to appear for future proceedings, and their immigration and criminal history. Family, employment, residential, and community ties may also be relevant.
What evidence can help support a request for bond?
Depending on the circumstances, helpful evidence may include proof of a stable residence, family relationships, employment, community involvement, financial responsibilities, rehabilitation, and letters of support.
Does being released on bond end the immigration case?
No. Bond generally allows an eligible person to be released from detention while their immigration proceedings continue. The individual must still attend required hearings and comply with applicable immigration requirements.
Have Questions About Your Immigration Options?
Immigration matters can be complex, but you don’t have to navigate the process alone. Contact Bair Wilson Sharma LLC for clear guidance and personalized representation. Our multilingual attorneys serve clients in English, Spanish, French, Ukrainian, and Russian.
Call 678-250-6095 today to speak with one of our immigration attorneys.