The Difference Between Immigration and Bail Bonds

The purpose of bail and immigration bonds is to guarantee commitments and obligations. Since they guarantee certain commitments, they are surety bonds. Bail and immigration bonds can also be made for the non-performance of something. Hence bonds can be for performance as well as non-performance.

There are many types of bonds, all covering performance or non-performance of something. They say the law mandates somebody to perform or abstain from an action or to pay. Bonds are a guarantee that the individual will do or will not do something upon the failure to meet these conditions, a corresponding payment or penalty will be levied.

The department of Homeland Security has the right to deport anybody whom the agency believes does not have the legal permission or right to stay in the USA. However, because of the due process clause, everybody-including aliens have the right to be heard during a trial and to be presumed innocent unless proven guilty beyond reasonable doubt. Also, all obligations under the law cannot be assumed, but has to be proven. Only a competent judicial authority can decide whether a person has an obligation under the law and what the nature of such obligation is after the due process of a hearing.

Thus an alien suspected of illegally residing in the USA may earn his right to stay in the country for as long as he posts an immigration bond until his case is duly tried in the Immigration Courts and properly adjudicated. Without the immigration bond, the Department of Homeland Security can detain indefinitely on a prima facie case that someone is an illegal alien in the USA. With an immigration bond, he is set free from detention until the Immigration Courts deal with his case and decide whether to deport him or allow him to stay in the USA.

If the suspected illegal alien is arrested on suspicion of having committed a crime, the arresting authorities can detain him indefinitely until he can post a bail bond. However, if he is suspected of being an illegal alien, the Department of Homeland Security could order his re-arrest. In this case, he has to obtain an immigration bond. The bail bond will not grant him immunity from re-arrest if the Department of Homeland Security believes he is an illegal alien. His freedom can only be secured by obtaining an immigration bond. Otherwise, he will remain in custody with the Department of Homeland Security until the Immigration Courts finally handle his case-and decide whether to deport him or allow him to stay.

When an immigration bond is issued, the Department of Homeland Security will assign the person an A-number. This is almost equivalent to a Green Card. A-number entitles the suspected illegal alien a right to stay in the USA until the Immigration Courts finally decides on his case.

Within two days after taken into custody, a Department of Homeland Security agent will set a tentative amount for the immigration bond. This tentative amount is not final, its finality only occurs when the proceedings of the Notice to Appear is finalized.

You need to inform your bail bond representative of this amount. If no immigration bond is obtained during this time, the Department of Homeland Security has the right to detain the suspected illegal alien for another ten days.

There are two types of Immigration bonds-first is the Voluntary Departure Bond and second is the Delivery Bond. The Voluntary Departure Bond is the promise of the suspected illegal alien to leave the USA. The Delivery Bond is the promise of the suspected illegal alien to attend to the hearings of the Immigration Court until his case is resolved.

Bail bondsman Los Angeles basically provides a contract to the court ensuring that the defendant would appear in the court. The guarantee is provided by the defendant’s family members or friends.
Click here for Orange county Bail bonds

A bail bondsman is the person whose task is to post bail for anyone who has been arrested. Securing the services of a good bail bondsman is not that difficult.
Visit http://www.abbabailbonds.com/ for more details.

Author Bio: Bail bondsman Los Angeles basically provides a contract to the court ensuring that the defendant would appear in the court. The guarantee is provided by the defendant’s family members or friends.
Click here for Orange county Bail bonds

Category: Legal
Keywords: Bail bondsman Los Angeles, Orange county Bail bonds, Santa Ana Bail bonds

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