Boston Immigration & Nationality Law

Boston ICE Detention and Removal... (re)moved to Burlington!

New address for payment of immigration bonds, as of Monday, 12/10/2007:

        ICE/DRO
        10 New England Executive Park
        Burlington, MA 01803

Phone number: (781) 359-7500.

WARNING: ICE informs that it can't keep its schedule and says that they will be open for business in Burlington on the 11th of December. I'd suggest calling first to make sure...

Paying an immigration bond

When Immigration & Customs Enforcement ("ICE") or the Immigration Court set a bond for a detained alien, the person paying the bond, or "obligor," must bring the amount of money set to an ICE Detention and Removal Office. In Boston, that would be located on the 17th floor of the John F. Kennedy Federal Building in Government Center. Address changed; Boston DRO is now located in Burlington, MA.

For ICE to accept payment, the obligor needs the following:

• Photo ID: Driver's License, Passport or other official picture ID. If not a US Citizen, bring Green Card or Employment Authorization Document.
• Verification of Social Security Number:  Social Security Card  or Social Security Form SSA-2458
• Bank check or money order, payable to "Immigration and Customs Enforcement." Personal checks or  cash are not accepted.
• Information about Alien being bonded: Name, Alien number, and address and phone number of place where Alien will live upon release.

Additional pointer: in Boston, payment can be made between 8:00 AM and 3:00 PM.

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:

--

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).

--

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.