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Immigration bonds are available to those who are not designated as arriving foreign nationals, terrorists, or criminals. If the applicant is being held by ICE, then only ICE can set the bond.
If bonds haven’t been provided by ICE, the applicant has the right to file for a “bond determination hearing” before an Immigration Judge. Such a hearing can be applied for at any time.
If the bond set by ICE is too high, a bond redetermination hearing can be applied for with an Immigration Judge. It should be noted that there is a risk the bond may be reset to an even higher amount.
Immigration Judges consider the following criteria when setting bond amounts:
- Ability to pay the bond
- Criminal background
- Committed any immoral acts
- Family relations in the U.S.
- How long the individual has lived in the U.S.
- How the individual entered the country
- Involvement in the community
- Relief from removal eligibility
Bonds will not be set below $1,500.00. Once the bond is determined, it may be appealed by the individual. The appeal must be filed to the Board of Immigration Appeals.
If the individual is still dissatisfied with the bond set during the redetermination hearing, another can be scheduled. However, a new hearing can be filed for only if the case has substantially changed since the previous hearing.
Bond cases are entirely separate from immigration cases. Even if the individual is released on bond, they are still required to attend the Immigration Court hearings.
At the Federal Practice Group, our attorneys will prepare and file the necessary Motion for a Bond Hearing on your behalf. Our attorneys will represent you at the hearing with all supporting documents that merit your release on bond.