Several factors make bond hearings in immigration court incredibly stressful and concerning for non-citizens. The arrest and detention by immigration authorities can be a traumatic experience. The uncertainty of when or if non-citizens will be released compounds the emotional distress. Like citizens, the law allows non-citizens to post a bond with the court to secure their release, pending the determination of their case. However, for non-citizens, it is the immigration court. The question many ask, and one we address, is, “How do I post a bond, and what is involved?”
What is a Bond Hearing in Immigration Court?
Bond hearing proceedings in immigration court allow immigrants detained by immigration authorities to request release from detention on bond while their immigration case is being processed.
During a bond hearing, an immigration judge will consider various factors, for example, the immigrant's flight risk status and the potential danger they pose to society. During the hearing, the judge also factors in humanitarian considerations, like medical needs or family ties in the United States. Based on these factors, the judge will decide whether to grant or deny the immigrant's request for release on bond. If granted, you must pay the value of the bond to secure your release.
Requesting for Hearing for an Immigration Bond
The immigration court or the Immigration and Customs Enforcement (ICE) agency sets bonds. ICE typically makes the initial custody decision when a non-citizen is detained in an immigration facility.
ICE is mandated to set a bond value by 2 p.m. when a person arrives in immigration detention. They issue a Notice of Custody Determination, Form I-286. This notice outlines their decision. Depending on the case, ICE could choose to release the person on their own recognizance, free them with a specified bond value, or decide not to determine a bond and detain them.
The non-citizen can apply for a bond hearing if they disagree with ICE's bond determination. You can request a bond hearing at any time. Typically, this can be done on Form I-286 by ticking the appropriate box, acknowledging receipt of the notification, and signing the document during the time of the agency’s first custody determination. However, if you do not receive Form I-286, you can apply for the hearing orally at your initial scheduled appearance in that situation. This hearing is referred to as the "Master Calendar Hearing." Alternatively, you can submit a written motion for bond redetermination if you want to challenge the bond set by ICE.
Once you have requested a bond hearing, you must wait for a hearing date to be scheduled. The timing of the hearing depends on various factors, including the court's schedule, the judge's availability, and the case's complexity. During this waiting period, staying in contact with your attorney is best. Further, ensure you comply with all requirements of your detention.
Individuals Qualified for Release on Bond
Most individuals qualify for a bond release. However, not all immigrants are eligible. Specifically, individuals who fall into the following categories will receive a mandatory detention per the Immigration and Nationality Act (INA). Therefore, the immigration judge cannot release individuals who fall under the mandatory detention categories on bond. These categories are:
- Arriving aliens — These are non-citizens who attempt to enter the United States at a port of entry, including through an airport, land border crossing, or seaport. This includes individuals seeking asylum or other forms of protection at the border or returning to the country from an overseas trip.
- Those who entered the U.S. unlawfully without being admitted by an immigration officer — Once an alien arrives at the border, he/she is inspected by a Customs and Border Protection (CBP) officer. The officer can admit or fail to admit the individual. If the CBP officer determines the individual is inadmissible, they could be subject to expedited removal or placed in immigration detention. Thus ineligible for bond.
- Individuals who have committed specific offenses — Individuals affected are those found guilty of crimes involving moral turpitude (CIMT). CIMT are crimes involving conduct deemed morally reprehensible or contrary to community standards of justice, honesty, or good morals. They include fraud, theft, domestic violence, and aggravated assault. Individuals released from custody by a police officer after October 8, 1998, also fall under this category.
- Individuals who threaten national security — Examples include people accused of espionage, sabotage, attempts to overthrow the government, or engaging in terrorist activities.
However, if you believe you were erroneously categorized, you can file for a "Joseph hearing." to present evidence showing you qualify for a bond. Individuals in immigration detention who have been deemed ineligible for release on bond by an immigration judge (IJ) can request this hearing. This type of hearing is named after a court case, the Matter of Joseph. This case established that an individual has the right to present evidence to the IJ that they are not subject to mandatory detention.
Guide to the Immigration Bond Hearing
Here is a breakdown of the process you need to know in a bond hearing.
- Master Calendar and Bond Hearings
A master calendar hearing is the first hearing in removal proceedings. It is also known as deportation proceedings. In these sessions, the respondent (the person in removal proceedings) appears before an Immigration Judge (IJ) and the government attorney to determine the individual's legal status and eligibility to remain in the country. During a master calendar hearing, the IJ will advise the respondent of their rights and obligations. These include the right to an attorney, the opportunity to review and respond to the charges against them, and the right to seek relief from removal.
On the other hand, a bond hearing occurs when a person is in immigration detention and seeks release from custody while their immigration case is pending. During the hearing, the immigration judge will determine whether the individual is eligible for release on bond, the amount required, and any conditions necessary to ensure that the individual appears for future hearings.
So while a master calendar hearing is a more general hearing to discuss the respondent's case, a bond hearing focuses on whether the individual should be released from immigration detention and what conditions, if any, should be imposed on their release.
Typically, both hearings take place on the same day. However, you can request a continuance if you require additional preparation time. If granted, the judge could give you two or three weeks.
- Hearing Preparation
During this stage, work closely with your immigration attorney to gather sufficient evidence for your case. In an immigration bond hearing, you bear the burden of proving to the immigration judge that they are not:
- A flight risk,
- A threat to the security and safety of the country, and
- Not a danger to national security.
To prove this, your attorney will present evidence demonstrating substantial ties to the community and family members in the country. Some evidence that may be helpful includes:
- Proof of employment or a job offer from a reputable company in the community
- Documentation of homeownership or a lease agreement showing stable housing
- Letters from friends and family members attesting to the detainee's character, community involvement, and support network
- Evidence of participation in rehabilitation programs or community service
- Proof of any immigration relief available, including a pending asylum application or marriage to a U.S. citizen or legal permanent resident
- Your marriage certification to your partner if he/she is legally in the U.S.
- Copies of birth certificates for any U.S.-born children
Additionally, you should be prepared to answer questions regarding your immigration history, criminal history, employment, family ties, and any other factors relevant to the judge’s decision. Your attorney will bring all the case requirements to your attention so you can adequately prepare.
- Attendance of the Bond Hearing
Detainees must attend their bond hearings. If you are in a facility with an immigration court on-site, you will appear physically in the courtroom. If you are in a facility without an immigration court, you will appear via video link in the courtroom. Alternatively, you can be transported by bus to the immigration court. However, if you are seriously ill, injured, or have a medical condition that prevents you from appearing in person, you will be excused from attending the hearing.
In some cases, detainees can participate in the hearing through telephonic or video conferencing if the judge approves.
During an immigration bond hearing, the IJ will consider your submissions and those of the state before determining whether you qualify for the bond. During the hearing, your immigration attorney will present evidence supporting your bond application. The IJ has discretion on whether to grant a bond or not. They are not required to issue bonds even if detainees present evidence that they are not a flight risk, do not pose a danger to the community or national security, and have strong ties to the US.
However, if the IJ denies the bond, he/she must provide a written explanation for his/her decision.
- Conclusion of a Bond Hearing
After a bond hearing, the Immigration Judge (IJ) will decide whether to grant or deny the bond. If the bond is granted, you (or someone on your behalf) should pay the bond value to secure your release from custody.
If the bond is denied, you will remain in detention until your next immigration hearing or until you are removed from the United States. The decision to grant or deny a bond can be appealed to the Board of Immigration Appeals (BIA) within 30 days of the IJ's decision.
Immigration Bond Order
The Immigration Judge's Bond Order is a written order specifying the bond's terms and conditions. It will include the value of the bond, which you must pay in full before you can be released from immigration detention. The order also includes other conditions that you must comply with while released on bond. These terms and conditions vary depending on the individual case. However, they generally include the following:
- The amount of the bond — The immigration judge will set the value of the bond. You must pay to be let go from detention.
- Mode of payment — The judge's bond order will specify the mode of payment and the deadline for paying the bond. Here are several methods you can use to pay an immigration bond, including:
- Cashier's check or money order — These are payable to the Department of Homeland Security or Immigration and Customs Enforcement.
- S. bonds — U.S. bonds can be used as collateral for an immigration bond. They must be worth at least the bond's total value. You should surrender the bonds to ICE.
- Wire transfer — You can transfer funds directly to ICE via wire transfer. You should contact your local ICE office for instructions on this.
- Credit card — In some cases, credit cards can be accepted. You should contact your local ICE office to inquire about this option.
- Reporting requirements — Courts could require you to report to ICE regularly.
- Restrictions on travel — The immigration judge could also prohibit you from traveling outside a specific geographic area. He/she could also require you to obtain permission from ICE before traveling.
- Compliance with immigration proceedings — You must attend all scheduled immigration court hearings. Additionally, you must comply with all orders issued by the immigration judge. If you fail to attend the proceedings or adhere to the terms set by the immigration judge in your bond order, the government can revoke your bond and return you to custody. Additionally, you could lose the money you paid for the bond. If you have a surety bond, the bonding company could take legal action against you to recover the bond amount they paid to secure your release.
- Compliance with immigration laws — Immigration officials will expect you to comply with all applicable immigration laws and regulations upon your release.
- Other conditions — The judge could impose additional requirements. These include wearing an ankle monitor as a condition for your bond release.
Note: Failure to comply with the bond order can negatively affect your immigration case. It could lead to deportation or removal proceedings.
Bond Value
After the bond hearing has concluded and the Immigration Judge (IJ) has decided on the bond value or whether to grant the bond at all, ICE Form I-352 will be issued. It is also known as the "Notice of Custody Determination." The form informs the detainee of ICE's custody determination and any conditions of release that could apply. If the detainee is granted a bond, they must satisfy the bond requirements and any terms set by the IJ or ICE before being released from custody.
The price of an immigration bond can vary greatly depending on the specific case and circumstances of the detainee. According to U.S. Immigration Bonds, the average cost of an immigration bond starts at $1,500 with no set cap. The more IJ believes you are a potential flight risk or pose a significant danger to the community or country, the higher the value of your bond.
Note: The Department of Homeland Security (DHS) can object to the bond set by the immigration judge. If DHS believes that the bond amount is too low or that the person being released poses a flight risk or a danger to the community, they can file a motion to reconsider the bond amount. The immigration judge will then review the application and decide whether to modify the bond amount or keep it the same. The DHS is burdened with proving that the immigrant poses a danger to the community or is a flight risk.
You can request the judge to lower the bond if circumstances have changed or new evidence has come to light since the initial bond hearing. Your attorney can file a motion to reconsider the bond or request a new bond hearing with the updated information. However, the judge could deny the request to lower the bond. Alternatively, he/she could set a new bond amount that is higher than the original.
You can file to lower the bond at any time before the bond is paid. However, the immigration judge will only reconsider the bond if there has been a significant change in circumstances since the original bond hearing. You will need to provide evidence of the changed circumstances. This includes a loss of employment, a change in the custody status of a child, or a medical emergency. You can file the request in writing with the court or make the request orally during a court hearing.
Contact an Los Angeles Immigration Attorney Near Me
Immigration laws are complex. The complexity also extends to the deportation proceedings, including the immigration bond hearings. With the right legal aid, you can navigate the system and increase your chances of a favorable outcome. At California Immigration Attorney, we are ready to offer you the assistance you need. Our experience and proven track record are what you need for your case. Contact our team at 424-789-8809 for more information.