CASE: Bond Hearing
APPLICANT: Chinese
LOCATION: Eloy, AZ
Our firm was contacted in the middle of May regarding a Chinese individual detained in Eloy, Arizona. She tried to enter the United States without valid documents and was incarcerated thereafter by immigration officers. She was then given credible fear interviews which she eventually passed.
Upon our retention, we immediately submitted documents to the Immigration and Customs Enforcement to inquire about the status of the bond. To our and our client’s surprise, they set a very high bond of $20,000. Our client wished to have that reduced so we filed a bond redetermination with the Eloy Arizona Immigration Court. Despite her being in jail in Eloy, we communicated with her and tried to gather as much information regarding her relief, equities, criminal record, family, and financial ability to post bond. We contacted our client’s several relatives and friends in New York. We also gathered supporting documents from those relatives, from proofs of their status, residences, to bank statements and tax returns. We also obtained notarized affidavits from them.
On June 15, 2011, we represented our client for the Eloy Arizona Immigration Court bond hearing. At oral arguments, we said that our client was eligible for asylum relief, passed his credible fear interview, was not a flight risk, had established her residence upon release, had established her financial ability to post bond, and that she had ample family ties in the United States who submitted proofs of their residence and copies of their immigration status. As mentioned previously, the government’s position was a $20,000 bond. Our office argued that a bond of $5,000 would be reasonable in light of the factors under Matter of Patel. Our office contended that her lack of criminal record, designated address with contact information from her relative in the United States, ability to post bond, and eligibility for asylum relief clearly demonstrate that $5,000 would be reasonable. The Judge took our arguments and evidence into consideration and a bond of $5,000 was granted. Our client’s relative has thereafter posted bond and she is now out of detention to pursue her asylum claim.
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