How much does it cost to remove immagration holds if an inmate has a bond?

Asked on January 26, 2013 under Criminal Law, Oklahoma

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your question has a couple of different answers, depending on the exact situation that a person is in... so I'm going to give you two answers based on those fact patterns.  Under either answer, a person must post an immigration bond in order to remove the hold.

If a defendant has an immigration hold and immigration has already approved and set an "immigration bond", then the cost of posting that bond will depend on what the bond is set at and how the person wants to pay it.  If the person uses a bail bond company, the amount will depend on the amount negotiated with the bonding company.  Usually a person must pay the bonding company 10-20% of the face amount of the immigration bond before the surety will post the immigration bond.  For example, if immigration sets the bond at $1000.00 and the bondsman requires 20% of the bond to be paid to them up front, then the person or their family would have to pay the bondsman $200.00 before they would go on the bond. (When a surety "goes on the bond", they are essentially posting their own personal credit or collateral for the person they are bonding out)  If the person in jail has the full $1000 in a checking account (or somewhere else), they could post the amount in cash, without having to go through a bondsman.  The advantage of posting a cash bond is that the funds are returned after the legal appearances have been satisfied--- whereas a bondsman will not return their 20%.

If the person is also in jail on criminal charges, they are usually required to post the criminal bond first.  The amount required is, again, dependant on the amount of the bond set and the amount required to be paid up front by the criminal bail bondsman.  (Some bail bond companies do both types of bonds-- while others do either immigration or criminal bonds)  Once the person/defendant posts the criminal bond, they will usually be shipped to a detention facility where they can ask immigration to set an immigration bond.  The person can then post the immigration bond in the same manner described above in the first possible answer.  Once the bond is posted, the hold will be lifted so that the person can be out on bond pending a final resolution of their immigration or criminal case.


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