After an individual is arrested and detained by Immigration and Customs Enforcement ("ICE"), the individual is entitled to a bond hearing. The bond hearing can serve two important functions. First and most obvious, the bond hearing may result in the individual being released on bond. However, some detainees are statutorily ineligible for release on bond, because they fall under the classification of mandatory detention. In these cases, the second purpose for a bond hearing becomes important: the bond hearing forces the detention officer to promptly file the charging document (Notice to Appear) with the immigration court, which will ensure that the case moves along in immigration court. Without requesting a bond hearing, some deportation officers take a long time to file the Notice to Appear with the immigration court, and the detainee is kept in prison the entire time. For this reason, it is important to request a bond hearing even if it is clear that the detainee will not be eligible for release on bond.

In order to secure release on bond, the detainee and his/her attorney must show that the detainee is not a mandatory detention case. Additionally, the detainee must prove to the court that s/he is not a danger to the community or a flight risk.

The minimum amount for bond is $1500, but the IJ can release the person on his/her own recognizance (no bond amount). Individuals can post bond in two ways: payment of the full bond amount by money order, or use of a bail bond agent, which will normally charge 10% fee of bond amount. If the individual fails to appear at future hearings, the bond amount is forfeited.

If your loved one is detained and has not received a hearing, contact The Nuñez Firm to schedule a consultation. Immigration authorities will take their time scheduling hearings, unless an experienced immigration attorney aggressively pursues a bond hearing. Managing attorney Jay Nuñez has helped countless clients secure release on bond, and he has pushed for his clients to have their cases heard immediately.

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