Only those that have citizenship have the unrestricted right to live in the United States. All others, including lawful permanent residents, can be subject to removal proceedings if they commit a serious crime.
When an immigrant is placed in deportation proceedings, it is generally granted a reasonable immigration bond, unless the reason for the detention is the commission of an aggravated felony. In that case, the immigrant is subject to mandatory detention.
There are several factors that an Immigration Judge keep in consideration when deciding whether an immigrant should be allowed to be released with an immigration bond. Some of these factors include:
- Length of residence in the United States;
- Family ties;
- Employment history;
- Reason for the detention;
- Financial ability to post a Bond.
If the motion is granted, the Court will set an amount for the Bond that be vary from a minimum of $1,500 to thousands of dollars. If the motion is denied, it is possible to file an appeal with the Board of Immigration Appeals.
Decisions of the BIA can be appealed to the U.S. Court of Appeals. Also, if the continuous detention is unreasonable, it can be challenged with an independent legal proceeding called Writ of Habeas Corpus.