Why Hire Top-Rated Immigration Attorney Nita Kundanmal to Handle Your Case?
- Focused on Immigration Law for 13+ years of her over 24-years as a licensed attorney.
- Fights back against the system with fast and aggressive advocacy.
- Deep knowledge of a constantly evolving legal landscape.
- Strategic thinker who develops comprehensive strategies for situations involving multiple courts or case types.
- An immigrant herself, she understands her clients’ needs and is invested in the results.
There is always a way; THERE IS ALMOST ALWAYS A WAY!
Schedule Your Case ReviewWhen a loved one is detained by Immigration and Customs Enforcement (ICE), obtaining release from immigration detention may be the family's most urgent concern.
Attorney Nita Kundanmal represents detained immigrants and their families in immigration bond matters in New Jersey. She evaluates whether a detained person may be eligible for bond, prepares the evidence needed to support release, and advocates for a reasonable bond before the Immigration Court.
When detention cannot be resolved through an immigration bond, our office also evaluates whether other forms of relief—including federal habeas corpus—may be appropriate.
Immigration Bond and Detention in New Jersey
An immigration bond is a mechanism through which certain detained noncitizens may be released from immigration custody while their immigration case continues.
Bond eligibility is not automatic. The law governing detention depends on the circumstances of the person's immigration case, including the basis for detention, immigration history, criminal history, prior removal orders, and other factors.
A careful evaluation at the beginning of a detention case is therefore important.
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What Happens at an Immigration Bond Hearing?
When a person is eligible for an immigration bond hearing, the Immigration Judge considers the circumstances relevant to custody and release.
The evidence presented may include information concerning:
- Family and community ties in the United States
- Length of residence in the United States
- Employment and financial stability
- Family responsibilities
- Residence and a stable place to live
- Immigration and court history
- Prior compliance with court requirements
- Criminal history, if any
- Rehabilitation and other mitigating circumstances
- Evidence addressing any concern regarding flight risk or danger to the community
The particular evidence that should be presented depends on the individual case.
Preparing a Strong Bond Case
A bond hearing is not simply a matter of asking a judge to release someone.
The attorney should understand the person's immigration history and detention status, identify the issues that may affect eligibility, and develop evidence addressing the factors the Immigration Judge is likely to consider.
Depending on the circumstances, this may include documentation concerning family relationships, employment, residence, medical or other personal circumstances, community ties, and rehabilitation.
Evidence may also include the detainee's tax returns and other financial records, when available and relevant, as well as the proposed sponsor's tax returns, income, employment, residence, financial circumstances, and ability to provide support and supervision.
The bond analysis should also consider the detainee's immigration history and available or potential immigration relief, as well as the circumstances of the underlying immigration case.
Our office works with the detained person's family to identify and organize the information needed to present the strongest appropriate bond request.
Attorney Nita Kundanmal carefully examines all of the evidence to identify facts, inconsistencies, omissions, or other details that the Immigration Judge (IJ) or government attorney may use to argue that the detainee presents a flight risk or danger to the community. Based on her experience handling immigration bond matters, she understands the arguments the government is likely to raise and the concerns an IJ is likely to focus on. She uses that experience to anticipate potential objections, identify weaknesses before the bond packet is submitted, and address them where possible with additional evidence and explanation. This careful, case-specific analysis is designed to present the strongest possible packet of evidence for the IJ to consider when deciding whether to grant bond.
What If ICE Denies Bond or the Immigration Judge Sets a Bond That Is Too High?
A bond denial or an amount that a family cannot afford does not necessarily end the inquiry.
The appropriate next step depends on why bond was denied, the person's detention authority, the procedural history of the case, and any change in circumstances.
In appropriate cases, further review or a renewed request may be available.
Because detention and bond issues can overlap with removal proceedings and federal-court litigation, it is important to evaluate the entire case rather than treating the bond issue in isolation.
When Immigration Bond Is Not Available
Not every detained immigrant is eligible for release on an immigration bond.
Certain categories of detention are governed by mandatory-detention provisions or other rules that can limit or eliminate an Immigration Judge's authority to set bond.
For that reason, the first question should not simply be, “How much will the bond be?”
The first question is:
Is this person legally eligible for an immigration bond at all, and if so, what is the appropriate strategy for seeking release?
Our office evaluates those questions based on the individual circumstances of the case.
Immigration Bond, Detention and Federal Habeas Corpus
Immigration bond proceedings and federal habeas corpus proceedings are different legal proceedings.
A bond hearing takes place within the immigration system. Federal habeas corpus, when available, is a separate federal-court remedy that can address certain unlawful or prolonged immigration detention and other detention-related issues.
Attorney Nita Kundanmal has experience handling federal immigration habeas corpus matters in the District of New Jersey, including emergency cases involving detained immigrants.
Where the circumstances warrant it, our office evaluates the relationship between the detention, bond proceedings, removal case and potential federal-court remedies.
Why Experience With Detention Matters
Immigration detention can move quickly. A family may be trying to determine where their loved one is being held, whether a bond hearing is available, what evidence is needed, and whether there are other legal issues affecting release.
The strategy depends on the person's individual immigration and detention history.
Attorney Nita Kundanmal represents immigrants in New Jersey in detention, bond, removal and federal habeas matters and evaluates the available legal options based on the particular circumstances of each case.
New Jersey Immigration Bond Lawyer
If a family member has been detained by ICE in New Jersey, an attorney can evaluate the person's detention status, determine whether an immigration bond hearing may be available, and explain the options for seeking release.
Contact our office to discuss the circumstances of the detention and the available legal options.
Every immigration detention case is different. Past results do not guarantee a similar outcome.