transcript   Transcript

Who is Eligible for Bond Hearings Initially?

Recorded on: Jun. 28, 2018
Running Time: 01:00:33

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Taken from the Web Program Bond Basics and Prolonged Detention Bond Proceedings in the Ninth Circuit, Including Updates Since Jennings v. Rodriguez Recorded June, 2018 in San Francisco [01:00:33]

How to determine initial bond or conditional parole eligibility based on the client’s immigration history and criminal background, including Matter of Joseph hearings, and how to request a bond hearing for your client.

There are four primary detention authorizing sections of the Immigration and Nationality Act (INA) for non-citizens the Department of Homeland Security seeks to remove, including:  (1) INA §235(b), which addresses individuals seeking admission to the U.S. who are deemed to lack valid admission documents, pursuant to the expedited removal provisions; (2) INA § 236(a), which authorizes the discretionary detention of certain non-citizens in removal proceedings; and (3) INA §236(c), which deems individuals charged as inadmissible or deportable pursuant to certain criminal-related grounds ineligible for bond; and (4) INA §241, which authorizes a period of mandatory detention for individuals who have been ordered removed.  This panel will provide a brief overview of the foregoing statutes, and also focus on how attorneys can determine whether detained clients are bond hearing eligible and how to request bond hearings. The panel will also cover when bond proceedings may be requested pursuant to Matter of Joseph, where there is a basis to contest the client’s removability. Finally, the panel will cover requests for subsequent bond hearings based on changed circumstances pursuant to 8 C.F.R.  §1003.19(e) and will touch on some ways that habeas petitions may be used to challenge bond denials based on dangerousness and/or flight risk.
Christina H. Lee, Valerie Anne Zukin

Presentation Material
  • Who is Eligible for Bond Hearings Initially? (PowerPoint slides)
    Christina H. Lee, Valerie Anne Zukin
  • Immigration Court Practice Manual Excerpt, Chapter 9: Detention & Bond
    Christina H. Lee, Valerie Anne Zukin
  • Practitioner’s Guide Obtaining Release From Immigration Detention, Updated May 2018, Catholic Legal Immigration Network, Inc
    Christina H. Lee, Valerie Anne Zukin
    • (s)
      Christina H Lee ~ Founding Partner, Becker & Lee LLP
      Valerie Anne Zukin ~ Lead Attorney Coordinator, Northern California Collaborative for Immigrant Justice
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