Notice to Obligor to Deliver Alien
What Does Notice to Obligor to Deliver Alien Mean?
Notice to Obligor to Deliver Alien (Form I-340) is an order directing an individual (Obligor) that had posted
an immigration bond on behalf of an immigrant alien to bring him or her
before an immigration court or an
Immigration and Customs Enforcement (ICE) officer.
Generally, if the obligor fails to comply with the conditions set forth
in the I-340 notice, the bond will be forfeited. However, in some instances,
the obligor may be able to contest a finding of bond's forfeiture
and obtain an immigration bond refund.
A Notice to Obligor to Deliver Alien is usually issued in conjunction of
service of a Notice to Appear, execution of a deportation order, or a
status interview by an ICE officer. Instead, a
Notice to Obligor to Deliver Alien for interview is generally less serious, since it involves a status update and a background check.
If you or a loved one received an I-340 Notice, it is crucial that you
contact an experienced
deportation defense lawyer as soon as possible. Depending on the cases, during an I-340 status interview
an alien may be held in custody by immigration authorities, have his or
her bond revoked, or be immediately sent back to his or her country.
How to Recover Your Immigration Bond
If you have a family member, or any other person detained by the Department
of Homeland Security, you may get the person released on the immigration bond. An
immigration bond, also known, ICE
Form I-352, is a kind of surety bond used by another person to secure the release
of a person living unlawfully within the United States from the custody of DHS.
An immigration bond is known as a federal civil bond.
The detained alien can get out of detention while the immigration case
is being decided by a judge. The immigration bond helps guarantee that
the person released from detention will show up for court hearings and
reports to immigration officials. It is very similar to the bond of an
insurance contract. A surety company, an entity, or individual who deposits
United States bonds, notes, or cash may execute the bond as surety. In
an insurance contract, there are two parties: the insurer and insured.
A surety bond is issued by one party (the obligor) who guarantees the
performance of the conditions of the bond. The bond is a promise to pay
another party (the obligee) a certain amount if a third party (the principal)
fails to meet some obligation. The bond's guaranty is secured by the
amount of the bond. The surety bond protects the obligee against losses
resulting from the principal's failure to meet the obligation.
In the case of an immigration bond, the surety is the obligor, the detained
bonded alien is the principal, and the DHS is the obligee and beneficiary
of all bonds it authorizes. The obligor can be any person with lawful,
legal status in the U.S. or a third party commonly referred to as bondsman.
There are three types of immigration bond, available to illegal aliens
in ICE custody:
Delivery Bond: the detainee must receive an arrest warrant as well as a notice of custody
conditions from ICE to be released on a delivery bond. The delivery bond
allows the person to spend time with his or her family, as well as consult
with an immigration lawyer leading up to a court hearing;
Public Safety Bond: it is used to ensure that if a bonded alien accepts any form of public
assistance, the government is reimbursed. The alien shall not become a
Order of Supervision Bond: for an alien with a deportation order, but supervised while he or she
is obtaining the passport and other documentation for children and/or
family before going back to the home country;
Voluntary Departure Bond: detainees are given the option to voluntarily leave the country at their
own expense, if the judge allows the detainee to voluntarily leave the
U.S. by a specified time period.
A delivery bond is the most common of the bond classes and is ultimately
used as a tool to ensure that if an alien is ordered deported, he or she
complies with that order.
Immigration bonds vary in amount based on the alien's immigration status,
criminal history, and family ties in the U.S.
If the bond is made directly with ICE it must be paid 100% in a cash equivalent,
such as by cashier's check. Personal checks are not accepted. The
bond sum generally varies from $1,500 to up to $25,000. There is no maximum
amount that can be established for it. The higher the flight risk, the
higher the bond amount.
After the Immigration Case Has Been Resolved
Once the immigration case has been almost entirely resolved, the person
who posted the immigration bond (obligor) can get the bond amount returned.
Only the person who posted the bond may get the money back.
ICE may cancel the bond only when the alien is in some kind of lawful status
or departs the country. The departure bond, if paid in full to ICE, is
refundable once the person has left the country, but will be forfeited
if the person fails to leave.
To be entitled to a refund, the person who posted the immigration bond,
must take some required steps. The person needs to keep all original receipts
for the posted money and should call the ICE Enforcement of Removal Operations
(ERO) office, advise of the alien's actual legal status, and ask if
the bond can be cancelled.
What If the Immigration Bond Is Cancelled?
When an immigration bond is cancelled, the ERO notifies the Debt Management
Center and the obligor of the bond cancellation via a
Form I-391 (Notice Immigration Bond Cancelled Form). The Debt Management Center then
sends a notice of the immigration bond's cancellation to the obligor.
If the case has been concluded, ICE will typically mail this document to
the address listed for the obligor on the I-352 bond contract. It can
take several months until Form I-391 is received in the mail but if the
obligor did not receive it, it is possible that:
- The case has not been concluded; or
- ICE failed to cancel the bond upon termination of the case; or
- ICE canceled the bond but an I-391 copy was never sent to the obligor.
Upon receipt of Form I-391, the obligor must submit the form and the original
Receipt of DHS Official US Cash Accepted as Security,
Form I-305 (Original Bond Receipt). If the obligor does not have the original I-305
or only have a copy, a completed
Form I-395 (Affidavit in Lieu of Lost Receipt of U.S. ICE for Collateral Accepted
as Security) has to be submitted. The obligor also has to submit the copy
of the bond contract, form I-352.
Once the required forms have been received and examined by the Debt Management
Center, the obligor will receive a refund of the principal bond amount.
It can take several more months until the money is returned to the individual
who posted the bond.
The outcome of the case, whether the alien is granted to stay in the U.S.
or has been removed from the country, does not matter for a bond refund.
If a cash bond is breached, ICE notifies the obligor through a
Form I-323 (Notice Immigration Bond Breached). ICE is permitted to retain the principal
amount from breached bonds. Nevertheless, the obligor is permitted to
receive a payment of accrued interest.
The condition for a refund for immigration bonds is that the alien has
attended all scheduled immigration court hearings and notified ICE, of
any change of address. If the alien failed to do so, the bond money is
forfeited and kept by the government.
Get in Touch with a Knowledgeable Immigration Lawyer
If you have acted as an obligor and you want to recover your immigration
bond, you should look for the assistance of an immigration attorney.
As a Super Lawyer-rated
New Jersey immigration attorney, I have represented countless clients in both criminal and immigration
matters, including BIA appeals and Federal Court appeals. If you received
an ICE interview I-340 in New Jersey, or have issues recovering an immigration bond,
call our office right away!