When a non-citizen alien (undocumented alien, visa holder or permanent resident (e.g. green card holder) is taken into custody by immigration authorities, there are instances where release is permitted provided an immigration bond is posted.
The immigration law regulating when and how someone may be bailed out and released by Immigration and Customs Enforcement ("ICE") are complex. As an experienced immigration attorney, Daniel M. Wigon has the experience to guide you through this process. You or your loved one should have every opportunity to avoid custody and we possess the skill you demand.
The following information is intended to provide a helpful guide for anyone seeking bail after immigration incarceration.
Who has a right to ask for bond?
A non-citizen has a right to ask for bond if you do not have certian criminal conviction(s) or a final order of removal. Even if you have been convicted of certain types of crimes, you can still ask for bond.
If you have a right to ask for bond, you must show that:
(1) you are not a danger to the community;
(2) you are not a threat to national security; and
(3) you are not a flight risk.
The person who pays the bond needs to have legal status. He or she is called the “obligor” and is the only person who can ask for the bond money back at the end of the case. Then the obligor must bring a cashier's check or money order made payable to the U.S. Department of Homeland Security in the amount of the bond to:
Enforcement and Removal Operation
650 Capitol Mall
Sacramento, CA 95814
Open for bond Monday to Friday 9 a.m. to 3 p.m.
The obligor must bring his or her driver’s license, green card, passport or other
valid identification. The obligor will pay the bond money and sign some papers stating that he or she will get the money back at the end of the case if you go to all your court hearings and leave if the Judge orders deportation. The obligor must keep these original bond papers since he or she will need them to get the money back at the end of the case.
If you flee the area or miss any court hearings, the obligor will lose the bond money and you can be deported if the Judge issued a final order of deportation.
The bond money will only be returned if the alien is either deported or wins his immigration case.
1600 Sacramento Inn Way
Sacramento, CA 95815
442 Walnut Street
Red Bluff, CA 96080
Monday - Friday
9:00 am - 5:00 pm
BY APPOINTMENT ONLY
(after hour and weekend appointments available)