A bond hearing, formally a custody redetermination, is a hearing in which an immigration judge reviews ICE’s custody decision for someone in removal proceedings. Under INA § 236(a), the judge may set a bond or other conditions of release if the person shows they are not a danger to the community and are likely to appear at future hearings. Some people are not eligible for a bond hearing at all.
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| Legal basis | INA § 236(a); 8 C.F.R. §§ 236.1, 1236.1 and 1003.19 |
|---|---|
| Who decides | An immigration judge, reviewing ICE’s initial custody decision |
| What the judge weighs | Danger to the community, and the likelihood of appearing at future hearings |
| Not eligible | People subject to mandatory detention under INA § 236(c), and certain arriving and recently entered people |
| Appeal | To the Board of Immigration Appeals, separately from the removal case |
| Attorney fee | A flat fee for the bond matter, agreed in writing before work begins |
What is an immigration bond hearing?
An immigration bond hearing is a hearing before an immigration judge about release from ICE custody. The judge decides whether a person in removal proceedings can go home while the case continues, and on what conditions.
ICE makes the first custody decision. It can release someone on their own recognizance, set a bond, or keep the person in custody. The person, or their attorney, can then ask an immigration judge to review that decision. The regulations call this a custody redetermination, under 8 C.F.R. §§ 1236.1 and 1003.19.
The bond hearing is separate from the removal case itself. It has its own record. The judge’s decision on custody does not decide whether the person may stay in the United States. That question belongs to the removal proceedings, which continue whatever the outcome on bond.
Who is eligible for a bond hearing?
A person held under INA § 236(a), the general detention provision, can ask an immigration judge for a bond hearing. People held under other provisions often cannot.
- INA § 236(a) Discretionary custody. The judge may continue custody, set a bond, or release the person on conditions.
- INA § 236(c) Mandatory detention for people charged under certain criminal and security grounds. In 2025 Congress added certain theft, burglary and assault-related charges and arrests for people who entered without inspection. A judge cannot set bond for someone properly held under this section.
- Arriving and recently entered people People treated as “arriving,” and people processed under INA § 235(b), generally cannot receive a bond from a judge. ICE may consider parole instead.
- A Joseph hearing If ICE classifies someone as subject to mandatory detention and that classification is wrong, the person can ask the judge to decide the question at a hearing named after the Board decision Matter of Joseph.
This area of law has been changing. In 2025 the Board of Immigration Appeals held that INA § 235(b), rather than § 236(a), governs the detention of people who entered without inspection, which would leave them without a bond hearing before a judge. Challenges to that position are now before federal courts, including courts in California, and the answer can depend on the court and the date.
What does the judge consider at a bond hearing?
The judge asks two questions: whether the person is a danger to the community, and whether they are likely to appear at future hearings. The person seeking release carries the burden of showing both.
Danger comes first. If the judge finds the person is a danger to people or property, the judge will not set a bond at any amount. If not, the question becomes flight risk. The ICE bond amount and any conditions then reflect how likely the person is to attend every hearing.
The Board of Immigration Appeals listed the factors a judge may weigh in Matter of Guerra. They include a fixed address in the United States, length of residence, family ties here and employment history. The judge also looks at a record of appearing at earlier hearings, any criminal history and how recent and serious it is, and prior immigration violations. Finally, the judge considers whether the person has a real chance of relief in the removal case. The judge has broad discretion in how much weight each factor receives.
What evidence supports a bond request?
Strong bond requests rest on documents, not just statements: proof of where the person will live, who depends on them, and why they will return to court.
- Identity and address A passport or other identification, and a lease, deed or letter from the person the respondent will live with.
- Family ties Birth and marriage certificates for US citizen and permanent resident relatives, with proof of their status.
- Work and community Pay records, tax returns, and signed letters from employers, clergy and community members who know the person.
- Criminal records Certified court dispositions for any arrest or charge, including dismissals, with evidence of completed sentences or programs.
- Eligibility for relief A short showing that the person has a real application to pursue, such as an approved family petition or eligibility for cancellation of removal.
Documents in any language other than English need a complete English translation, with a translator’s certificate of competence and accuracy. The judge can give little weight to documents without one.
How does a bond hearing work?
A bond hearing is usually short and informal compared with a removal hearing, and the judge often decides it the same day.
- Request The attorney files a written request for a custody redetermination with the immigration court that has jurisdiction, with the supporting evidence.
- Hearing The judge reviews the evidence and hears from both sides. Many bond hearings take place by video. Testimony may be brief or not required.
- Decision The judge continues custody, lowers or raises the bond, or releases the person on conditions. The decision is usually a short written order.
- Posting the bond An obligor with lawful status pays the bond to ICE. ICE returns the money when the case ends if the person has met every condition.
Conditions may come with release: regular reporting to ICE, check-ins by phone or app, or travel limits. Keeping every condition protects both the bond and the removal case.
What happens if a judge denies bond or sets it high?
Either side can appeal a bond decision to the Board of Immigration Appeals within 30 days. A new hearing is also possible if circumstances change materially.
A bond appeal goes to the Board on Form EOIR-26, separately from any appeal in the removal case. When either side appeals a bond decision, the judge prepares a written explanation of the reasons, and the Board reviews that. The BIA appeals page explains how the Board works more generally.
Some custody questions go to federal district court instead, through a petition for a writ of habeas corpus. That route applies where the challenge is to the legality of detention itself, for example whether the correct statute governs it. An attorney can tell you which forum fits the question in your case.
How does bond relate to the removal case?
Bond decides only where a person waits while the judge decides the removal case; it does not decide the case.
After release, the removal case usually moves from the detained docket to a court near the person’s home, through a change of venue. It then proceeds on the ordinary schedule, with master calendar hearings and an individual hearing, as described on the deportation defense page. Preparing that case, with time to gather evidence and meet with counsel, is often easier outside custody.
What does representation at a bond hearing cost?
As your immigration bond lawyer, we quote the bond matter as a flat fee, agreed in writing before any work begins. We quote it separately from the removal case, so you can see what each part costs. The judge sets the bond amount itself, and the obligor pays it to ICE, not to the firm. The fees and consultations page explains how the firm charges for each kind of matter.
The first consultation is free and takes about thirty minutes, in English, Armenian, Russian or Spanish.