Declarations at Bond Hearings

28 U.S.C. § 1746 provides a format that can be used, among other things, for declarations in support of aliens in bond hearings.

A declaration should state:

• the name of the declarant;
• Date and place of birth;
• Citizenship, and if a lawful permanent resident of the US (if so, also state A#);
• Address;
• How you know the person seeking bond, and whether you believe that the person seeking bond is likely to return to court if released, and if the person poses a threat to persons or property.

Finally, the declaration should, if signed in the US, state: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”.

A copy of an identity document of the declarant can be attached to the declaration.

These are helpful to lawyers and courts in bond proceedings. Some immigration judges don't take testimony in that phase of the removal process, and declarations both assist the lawyer in representing to the court that the bond seeker is a fit candidate for bond, and shorten the time required for the hearing.

For Example:

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1. My name is John Doe.
2. I was born on January 1, 1970.
3. I am a native and citizen of Ireland, and am a permanent resident of the United States, A99-999-999. [OR: I am a native and citizen of the United States OR: I am a naturalized citizen of the United States]
4. I live at 123 Main Street, Anytown, MA12345.
5. I have known Richard Roe for the last 15 years, since he came to the United States. He and his wife are good friends of my wife and myself, and we attend the same church. Richard is an honest, hard working man and I have never known him to cause anyone any trouble. From what I've seen, he is no threat to persons or property, and based on my knowledge of his character, is likely to appear at any and all future court hearings. Please grant my friend Richard Roe bond, so that he can await future proceedings while staying with his family.

I declare under penalty of perjury that the foregoing is true and correct. Executed on 1/1/2007. (Signature).

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When preparing a bond declaration, give as much factual detail as possible. This will let the judge know that you know what you're talking about, and will assist the judge in determining how credible your declaration is. For example, if you just state that the detainee will appear in the future, without explaining why you think so, the judge may give your declaration little weight.