Detention & Immigration Bond Attorney In Durham, North Carolina
Immigration Detention: Immediate Action When Freedom Is at Stake
Being placed in immigration detention is an undeniably life-altering event that can shake the very foundation of an individual’s existence. For many individuals and their families, this traumatic experience often occurs suddenly and without any prior warning. One moment you are going about your daily life, balancing work responsibilities, caring for your children, and contributing positively to your community — and before you know it, everything shifts dramatically, leaving you separated from all that is familiar and secure. The fear, confusion, and uncertainty that accompany such a drastic change can be overwhelming, filling your mind with countless questions and concerns about what the future holds.
At Herhusky Law Office, PLLC, attorney Karina Herhusky understands the urgency and complexity of detention cases. Time is of the essence in these situations. Every day spent in detention has profound effects on families, impacting them emotionally, financially, and psychologically. Children are often left without the comfort of their parent’s presence. Spouses are left feeling isolated and unsupported during an incredibly challenging time. Employers are at a loss without their valued workers, disrupting the workplace and affecting productivity. The consequences of detention ripple outward, affecting not just those detained but entire families and communities.
However, being detained does not mean you have lost your case. It does not imply that deportation is inevitable. You still possess legal rights, and there may be several options available for your release that you might not be aware of.
Our firm moves swiftly to assess every unique situation, establish communication with detention facilities, and determine the most effective strategies for obtaining your release. We conduct thorough detention visits — whether in person or virtually — and begin gathering critical documentation immediately to support your case. From the very beginning, we focus on building a strong legal argument designed not only to secure your release but also to reunite families as swiftly as possible. When your freedom is at stake, you need an attorney who comprehensively understands both the law and the profound human impact that detention can have on individuals and families.
Call Herhusky Law Office, PLLC at 919-900-6610 to schedule a consultation with a lawyer today.
Immigration Bonds: How Release from Detention Works
One of the primary ways a detained individual may be released is through an immigration bond. An immigration bond is a monetary guarantee that allows a person to be released from detention while their removal proceedings continue in immigration court.
Bond may be set either by Immigration and Customs Enforcement (ICE) or by an Immigration Judge. In some cases, ICE will assign a bond amount shortly after detention. In others, ICE may refuse to set bond, requiring a formal bond hearing before a judge.
If bond is granted and paid, the detained individual is released and allowed to return home while their immigration case proceeds. However, release comes with responsibilities. The individual must attend all scheduled immigration court hearings and comply with any reporting or supervision requirements. When those obligations are satisfied and the case concludes, the bond money is typically returned to the person who posted it. The amount of bond can vary significantly. Immigration authorities consider several factors when determining bond, including family ties in the United States, length of residence in the country, employment history, prior immigration history, and any criminal background. A key part of the bond decision focuses on whether the person is considered a “flight risk” or a “danger to the community.”
In many cases, bond amounts are set unreasonably high, placing release out of reach for families. When this happens, Attorney Karina Herhusky can request a bond hearing before an Immigration Judge and present evidence arguing for a lower bond amount or for release altogether. A carefully prepared bond hearing can make the difference between continued detention and returning home.
If bond is denied, that does not necessarily end the conversation. There may be legal arguments to challenge continued detention, and every case deserves a thorough legal review.
Bond Eligibility & Mandatory Detention: What You Need to Know
Not everyone in immigration detention is automatically eligible for bond, but many people are — even when ICE initially suggests otherwise. Immigration law surrounding detention is highly technical and often misunderstood.
Certain individuals may be subject to what is known as “mandatory detention.” This typically applies to people with specific types of criminal convictions, such as aggravated felonies, certain serious offenses, controlled substance convictions, or allegations involving national security concerns. When mandatory detention applies, the law may restrict the Immigration Judge’s ability to grant bond.
However, determining whether a conviction truly triggers mandatory detention requires a detailed legal analysis. Immigration law uses its own definitions for terms like “aggravated felony,” and those definitions do not always align with how offenses are labeled under state criminal law. A conviction that appears disqualifying at first glance may not legally bar bond eligibility after careful review.
Attorney Karina Herhusky conducts a comprehensive evaluation of each client’s criminal record, immigration history, and prior interactions with immigration authorities. This analysis often reveals legal arguments that can open the door to bond eligibility. When bond is available, we prepare a compelling case demonstrating why release is appropriate. Evidence may include proof of strong family ties, long-term residence in the United States, stable employment, rehabilitation efforts, community involvement, and any other factors showing that the individual is neither a flight risk nor a danger to the community.
Detention cases demand urgency, precision, and strategic advocacy. Every case is unique, and every family deserves a chance to fight for reunification. At Herhusky Law Office, PLLC, we are committed to standing beside our clients during one of the most difficult moments of their lives. Your freedom matters. Your family matters. And we work tirelessly to bring you home.
Need Guidance On An Immigration Issue?
Call Herhusky Law Office, PLLC at 919-900-6610 today to speak with an attorney who is committed to protecting your rights and guiding you through the process. Hablamos Español.