Immigration Litigation

Immigration Litigation

Sometimes, if you filed paperwork incorrectly or committed a crime in the United States, Immigration can place you in Removal (Deportation) Proceedings. Mr. Nicelli is well-versed in this field since he began his practice at a non-profit organization dealing solely in deportation defense for a number of years.

Contact the law office if you are afraid you will be placed  in proceedings or you are scheduled  to see a judge . Mr. Nicelli will be able to work with the specific set of facts of your case to develop a winning legal strategy. To win, the process is often complex and requires a well-versed attorney to represent your case in a clear and effective manner.

Bond Hearings

Immigration Bond Hearings are conducted to guarantee that the individual will appear at the scheduled immigration proceedings. Once the bond is set, if the individual is released from detention but then fails to appear at immigration court, the bond is forfeited.
Please note, not all detained persons are entitled to be released from detention on a bond. Depending upon the type of charge you may be released on a bond however; many criminals, terrorists or arriving aliens are not allowed to be released until their case is complete.
When you are taken into Custody, Immigration and Customs Enforcement (ICE agency) sets the Bond amount. Sometimes, they release you on your own “recognizance” and no Bond is set. Sometimes ICE agents set a Bond that is too high. If that happens, you are general entitled to a Bond Redetermination Hearing with the Immigration court.
When determining the amount of Bond to be set, the Judge looks at all the factors that may relate to your life in the United States. Significant factors Include:
• Length of stay in the United States
• Family ties in the United States
• Employment history
• Age
• Connection with the Community; Civic Organizations
• Previous Immigration Record
• Attempts to escape from authorities or other flight to avoid prosecution
• Prior failures to appear for scheduled court proceedings
• Criminal record
• Financial ability to pay the bond
The minimum amount the bond can be set is $1,500. Once the bond is determined by the judge and you don’t agree, you may appeal to the Board of Immigration Appeals.
It is important to understand a Bond Hearing is set for you to be released from custody. It does not determine your immigration status. You must appear for all immigration hearings after if you are released.