Upon issuance of an arrest warrant, a non-citizen may be arrested and detained by the Immigration and Customs Enforcement (ICE). After the arrest, ICE will make an initial custody/bond determination as to whether the person is eligible for bond. A bond is an amount of money used as a deposit on a detained person to ensure that the person appears for his or her future immigration hearings. ICE has discretion to release certain non-citizens with or without a bond. If ICE refuses to grant a bond, a bond request may be made before an Immigration Judge. The Immigration judge has the authority to review the initial custody/bond determination made by ICE at any time until a removal order becomes final. It must be noted that some criminal convictions subject non-citizens to mandatory detention and neither ICE nor an Immigration Judge may grant a bond in certain situations.

Generally, immigrants who are not classified as arriving aliens or terrorists are allowed to seek a bond as long as they are not aggravated felons, as defined by federal immigration laws. A lawyer can negotiate with ICE officers and secure a bond, or request a bond hearing before an Immigration Judge if ICE has refused to issue one. During the bond hearing, the judge will determine a monetary amount that will secure the person’s future appearances. At our office, if it appears that a client is eligible for bond, we immediately file a Motion for Bond Hearing, along with supporting documents, on the client’s behalf in order to obtain a hearing as early as possible.

At the bond hearing, the immigration judge will decide whether to grant the bond and its amount. The minimum bond amount is $1,500.00, though bonds typically range from $1,500 to $20,000. In determining whether an immigrant is eligible for bond, a judge will look at the following factors:

  • Whether the immigrant poses a danger to the community
  • Whether the immigrant is a flight risk
  • Whether the immigrant has a criminal history
  • Whether the immigrant has a history of stable employment
  • Whether the immigrant is able to pay the bond
  • The immigrant’s immigration history
  • Whether the immigrant is eligible for relief from removal or deportation proceedings in immigration court

At the Law Office of Paula Joachin, our deportation defense lawyers will attend your bond hearing and present evidence on your behalf demonstrating your eligibility for bond. In the event that bond is denied, our lawyers can appeal the decision to the Board of Immigration Appeals. There, we again present your case in the best light possible in order to secure your release.