How Do Immigration Bonds Work?

When an immigrant is arrested and placed into custody by U.S. Immigration and Customs Enforcement (“ICE”), it may be possible to secure his release on a bond. It will depend in part, however, on the classification of detention. For those eligible for a bond, the process can nonetheless be difficult and overwhelming.

In cases where mandatory detention does not apply, ICE has the discretion to set a bond. Often, the agency refuses to set such a bond. The good news is that ICE does not have the final say in matters involving discretionary detention. The immigrant has the right to seek a custody redetermination hearing before an immigration judge. To obtain a custody redetermination hearing, it is necessary to submit the request in writing. While a simple written request will be sufficient to get the hearing scheduled, it is not necessarily enough to get a bond set. One needs to be aware of a few potential pitfalls. Subject to a very limited exception, the immigrant will only get one custody redetermination hearing. This means that if the immigration judge refuses to set a bond, the immigrant will be stuck with that decision and his only remedy would be to file an appeal, which will take several months to resolve. Also, in a custody redetermination hearing, it is the immigrant who bears the burden of proving that he poses neither a danger to the community nor a risk of flight. To that end, it is crucial to provide supporting evidence for the immigration judge to review prior to the bond hearing.

In light of this, it is highly recommended that you obtain an attorney to help secure the release of your loved one from immigration custody. At the Law Office of Alexander R. Vail, we offer a full range of immigration legal services throughout the Las Vegas area, including removal defense and bond-related matters. Explore the results of some of our recent cases, and schedule a consultation with our attorneys by calling (725) 221-5998.