When a family member is detained by immigration, the situation is frightening and confusing. Understanding the bond process helps you take effective action.
Key Takeaways
- Not everyone is eligible for bond
- Bond amounts are set by immigration judges
- Certain criminal history makes individuals ineligible
- Bond can be paid while appealing the amount
Eligibility for Bond
Certain categories of detainees are subject to mandatory detention and are not eligible for bond. Others may request a bond hearing before an immigration judge.
Bond Hearing
At a bond hearing, the judge considers whether the individual is a flight risk or danger to the community. Evidence of community ties, employment, and family helps.
Mandatory Detention (INA 236(c))
Not everyone is eligible for bond. Under INA 236(c), certain non-citizens are subject to 'mandatory detention' and generally cannot be released on bond. This includes those with specific criminal convictions (mostly drug offenses, crimes involving moral turpitude with a sentence of 1+ year, or aggravated felonies).
However, the analysis of whether a specific state conviction triggers 236(c) is complex. Legal arguments exists (e.g., the 'categorical approach') that can argue your specific conviction does not fall under the federal definition, restoring your eligibility for a bond hearing.
The Release Process
If the Judge grants bond (e.g., $5,000), it must be paid in full (no 10% bail bondsman option like criminal court) at a specific ICE office by a US Citizen or LPR "obligor." Once paid, processing release can take several hours to a day. The money is returned to the obligor ONLY after the case concludes (win or lose) and the non-citizen complied with all orders.
Mandatory Detention vs. Discretionary Detention
Not everyone gets a bond hearing. Under INA 236(c), certain convictions (drug offenses, crimes involving moral turpitude with 1+ year sentence) trigger "Mandatory Detention." This means the Judge has NO power to release you, no matter how good a person you are.
The Battle: We fight to prove you are not subject to mandatory detention. We analyze the "categorical approach" of your conviction. If we win that argument, you become eligible for a bond hearing. Then, we prove you are not a "flight risk" or "danger to the community" to get the bond granted.
The Rodriguez Bond (Prolonged Detention)
If you have been detained for 6 months or more while fighting your case, constitutional due process arguments kick in. You may be entitled to a bond hearing even if you were originally mandatory detained, because indefinite detention is unconstitutional.
Don't Risk Your Immigration Future—Get Professional Advice
Every case is unique, and small mistakes can lead to years of delays or denial. Don't rely on general online information. Schedule a consultation to discuss your specific situation with an experienced attorney who can protect your rights.
We offer a free 15-minute consultation to review your case.
Get Your Free Consultation NowCan I appeal a high bond amount?
Yes, you can appeal to the BIA, but it takes months. Often, it is strategic to request a "Bond Redetermination Hearing" if your circumstances change (Gibson motion) rather than waiting for an appeal.
What happens to the money if I lose my case?
If you lose but comply with the deportation order (show up for your flight), the bond money is returned. If you abscond/run away, the bond money is forfeited to the government.
Disclaimer: This article is for general information only and is not legal advice.