Who is Eligible for an Immigration Bond Hearing?
Not everyone in ICE custody is eligible to have an immigration judge set bond. Eligibility depends on the law authorizing the person’s detention, immigration history, criminal record, and current stage of the case.
Two common detention categories are:
Discretionary detention:
An immigration judge may be able to review ICE’s custody decision and determine whether the person should be released on bond.
Mandatory detention:
Certain criminal convictions and other statutory circumstances may prevent an immigration judge from granting bond. Whether mandatory detention applies requires a careful review of the person’s record and the specific legal grounds for detention.
Some people are detained under other legal authorities that may also limit an immigration judge’s ability to consider bond. A prior removal order or criminal record does not automatically answer the eligibility question in every case, so each situation should be evaluated individually.
What Generally Happens After an ICE Arrest
Every immigration detention case follows a different timeline. The process can depend on where the person is detained, whether they are transferred, the immigration court’s schedule, and whether they are legally eligible for a bond hearing.
The general process may include the following steps:
ICE arrest and processing:
ICE processes the detained person and may hold them locally or transfer them to another detention facility. The person’s existing A-Number may be confirmed, or one may be assigned if they do not already have one.
Initial custody decision:
ICE determines whether the person will remain detained, be released under certain conditions, or receive an initial bond amount. Some individuals may be subject to mandatory detention or another form of custody that an immigration judge cannot review in a standard bond hearing.
Notice to Appear:
The Department of Homeland Security may serve the person with a Notice to Appear, which identifies the allegations and legal charges against them. Removal proceedings formally begin when the Notice to Appear is filed with the immigration court.
Request for a bond hearing:
If the person is eligible, they may ask an immigration judge to review their custody status and bond amount. A bond hearing may be requested in writing or orally during another immigration court hearing, but the bond proceeding remains separate from the underlying removal case.
Bond hearing:
The immigration judge considers whether the person is eligible for release and evaluates factors such as the risk of failing to appear, potential danger to people or property, and any national security concerns. Evidence of family relationships, employment, community ties, immigration history, and criminal history may affect the decision.
Bond decision and release process:
If a bond is granted, a qualified person may post the required amount with ICE. The timing of release varies and cannot be guaranteed. Release on bond does not end the immigration case, and the person must continue attending all required hearings.
If the immigration judge denies bond or sets an amount the family cannot afford, the person may have the option to appeal to the Board of Immigration Appeals. A later request for another bond determination generally requires evidence that the person’s circumstances have materially changed.
Because the timing and legal issues vary from case to case, contacting an immigration attorney promptly can provide more time to locate the detained person, evaluate bond eligibility, and gather evidence for a possible hearing.
Why You Need an Attorney for Your Immigration Bond Hearing
During the hearing, the immigration judge reviews information presented by the detained person and the Department of Homeland Security. The judge considers bond eligibility, the likelihood that the person will attend future hearings, potential danger to the community, and other relevant circumstances.
An immigration attorney can organize supporting evidence, address concerns raised by DHS, and explain how the person’s family relationships, employment, community ties, and immigration history support release. The attorney can also help the family understand the hearing process and any options available after the judge issues a decision.
At Perliss Law Firm, our team of immigration lawyers brings combined experience and a commitment to advocating for and protecting our clients’ rights.
Why Choose Perliss Law Firm?
Attorneys with experience in immigration and criminal law
Insight informed by former California prosecutorial experience
More than 30 years of combined legal experience
Local office at 201 S. Mission Drive in San Gabriel
Chinese-speaking staff available
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