Part 1 – The Bond Process
If a loved one is detained by Immigration and Customs Enforcement (ICE), the ICE officer responsible for the case will:
- Grant a bond for a certain amount – your friend or family member will be released upon payment of the bond amount;
- Grant release without requiring payment of a bond; or
- Deny bond altogether.
What happens if bond is denied?
If the ICE officer denies bond or sets a bond amount too high, your loved one may ask an immigration judge (IJ) for a bond redetermination. This is done via a written motion supported by evidence. The evidence must convince the IJ that:
- Your loved one is not a threat to person or property; and
- He or she will be present at all future immigration court hearing.
After receipt of the written motion and supporting evidence, the IJ will hold a bond redetermination hearing where he will either grant bond in an amount of $1,500 or higher, or deny bond altogether. Which will keep the person in question detained.
If bond is granted by the immigration judge, can the decision be appealed?
ICE will be represented by an attorney at the bond redetermination hearing. If the ICE attorney disagrees with the IJ’s bond determination, he or she may file an appeal. In that case, your loved one will remain detained until the appeal is ruled upon by the IJ. Appeals are rarely granted, and it normally takes three months or longer for an appeal to be decided by the Board of Immigration Appeals.
**We highly recommend that your loved one be represented by an experienced and competent immigration attorney who is familiar with the bond process. This is the only way to ensure that a persuasive bond motion, supported by convincing evidence, is presented to the IJ and effectively argued.
Contact Antonini and Cohen if you need assistance in obtaining an Immigration bond
If an ICE officer denies bond, or grants a bond in an amount that is unfair and too high, requesting a bond redetermination hearing is the only way to ensure your friend or family member receives a bond in a fair and affordable amount. The only way to effectively argue before the IJ is with an experienced immigration attorney. The attorneys at Antonini and Cohen have helped secure freedom from detention for many foreign nationals via fair and affordable bonds. Call us at 404-523-8141 or complete a contact form so we can help your friend or family member obtain freedom from detention.