Luật Sư Phiên Điều Trần Trái Phiếu Nhập Cư

Khi ai đó bạn yêu bị giam giữ bởi Cơ quan Thực thi Di trú và Hải quan (ICE), mỗi ngày trôi qua như một sự vĩnh cửu. Các cuộc gọi điện thoại bị hạn chế và tốn kém. Bạn không thể gặp họ ngoại trừ trong giờ thăm nom hạn chế—nếu bạn thậm chí có thể đến được cơ sở giam giữ. Họ đang bỏ lỡ công việc, con cái họ hỏi họ đang ở đâu, và hóa đơn cứ tiếp tục chồng chất. Phiên điều trần trái phiếu nhập cư thường là cách nhanh nhất để đưa thành viên gia đình bạn về nhà trong khi vụ án nhập cư của họ tiếp tục.

Tại Modern Law Group, chúng tôi đã đại diện cho hàng trăm cá nhân bị giam giữ trong các phiên điều trần trái phiếu trên khắp đất nước. Các luật sư của chúng tôi hiểu những gì Thẩm phán Di trú tìm kiếm, cách trình bày bằng chứng thuyết phục về mối liên hệ cộng đồng, và cách tranh luận cho số tiền trái phiếu mà gia đình thực sự có thể chi trả. Chúng tôi đấu tranh mạnh mẽ vì chúng tôi biết rằng mỗi ngày trong giam giữ là một ngày quá nhiều.

What is Immigration Bond?

Immigration bond is a financial guarantee that a detained person will appear at all future immigration court hearings and comply with any final order. It works similarly to bail in criminal cases—except immigration detention is civil, not criminal, and the rules are different.

When ICE arrests someone, they are taken to a detention facility and given a Notice to Appear (NTA) in immigration court. At that point, ICE makes an initial custody determination. ICE may release the person on their own recognizance, set a bond amount, or determine that the person is subject to mandatory detention with no bond eligibility.

If ICE sets a bond or denies bond entirely, the detained person has the right to request a bond hearing before an Immigration Judge. The Immigration Judge is independent from ICE and will make their own determination about whether bond should be granted and, if so, at what amount.

Types of Immigration Bonds

There are two main types of immigration bonds:

Delivery Bond

A delivery bond allows a detained person to be released from custody while their immigration case proceeds. The person must attend all immigration court hearings and comply with any conditions of release. This is the most common type of bond and is what most people mean when they talk about "immigration bond."

If the person attends all hearings and complies with the final order (whether that means leaving the country voluntarily or being granted relief), the bond is returned in full. If the person fails to appear or violates the conditions of release, the bond is forfeited.

Voluntary Departure Bond

A voluntary departure bond is posted when someone has been granted voluntary departure—permission to leave the United States on their own rather than being formally deported. The bond ensures that the person actually departs within the required timeframe.

Voluntary departure bonds are typically $500 to $5,000. If the person leaves the country as agreed, the bond is refunded. If they fail to depart, the bond is forfeited and the voluntary departure order converts to a formal removal order.

Who Qualifies for Immigration Bond?

Most people in immigration detention are eligible for a bond hearing, but not everyone. To qualify for bond, you generally must:

• Not be subject to mandatory detention (see below for categories of mandatory detention)
• Not pose a danger to the community—the Immigration Judge must find that you are not a threat to public safety
• Not be a flight risk—the Judge must believe you will attend all future hearings

The burden of proof is on the detained person to show they are not a flight risk and not a danger. This is where having an experienced immigration bond attorney makes a critical difference. We know how to gather and present evidence that addresses both factors.

Examples of People Who Can Get Bond

• People who entered the United States without inspection but have been living here for years with family and jobs
• People who overstayed visas and have strong ties to their communities
• Asylum seekers who passed a credible fear interview and are not subject to expedited removal
• People with minor criminal history that does not trigger mandatory detention
• People whose detention was initiated by a traffic stop or workplace raid
• Legal permanent residents charged with deportable offenses that don't trigger mandatory detention

Mandatory Detention: Who Cannot Get Bond

Congress has mandated that certain categories of immigrants must be detained without the possibility of bond. If you fall into one of these categories, an Immigration Judge cannot grant bond—although there may be other legal options, including habeas corpus in federal court.

Categories of Mandatory Detention

• Aggravated felony convictions—This includes many serious crimes, but also some offenses that don't seem "aggravated" in common usage, like theft offenses over $10,000 or certain fraud crimes
• Certain drug convictions—Drug trafficking offenses and some possession convictions trigger mandatory detention
• Firearms offenses—Convictions for illegal firearms possession or trafficking
• Terrorism-related grounds—Anyone deportable on terrorism grounds
• Arriving aliens—People who were apprehended at the border or port of entry while trying to enter without valid documents, unless they establish a credible fear of persecution
• Reinstatement of removal—People who previously had a removal order and then reentered illegally

The Bond Hearing Process

Understanding the bond hearing process helps families prepare and know what to expect.

Step 1: Request a Bond Hearing

After someone is detained, they or their attorney must request a bond hearing. This is typically done by filing a motion with the Immigration Court that has jurisdiction over the detention facility. Some courts require specific forms; others accept letter motions. An experienced attorney knows exactly what each court requires.

Step 2: Gather Evidence

Before the hearing, we work with the family to gather evidence demonstrating that our client is not a flight risk and not a danger. This includes:

• Letters of support from family members, employers, community leaders, and religious organizations
• Proof of family ties—birth certificates, marriage certificates, photos, evidence of children in the home
• Employment records showing stable work history
• Property ownership documents, lease agreements, utility bills
• Tax returns showing years of tax payment
• Evidence of participation in community organizations, churches, schools
• Medical records if there are health conditions that make detention particularly difficult
• Character reference letters describing the person's moral character

Step 3: The Hearing

Bond hearings are typically short—often 15 to 30 minutes. The detained person appears before the Immigration Judge, either in person or via video teleconference from the detention facility. The attorney presents evidence and arguments for why bond should be granted and at what amount. The government attorney (ICE counsel) may argue against bond or for a higher amount.

Step 4: The Judge's Decision

The Immigration Judge will either grant or deny bond. If bond is granted, the Judge sets an amount. The decision is usually made on the spot, though some judges take cases under advisement briefly. Once bond is granted and the amount is set, the family can pay the bond and secure release.

Step 5: Release

After the bond is paid (either in cash to ICE or through a bond company), the detention facility processes the release. This typically takes 2-8 hours but can sometimes take longer depending on the facility.

Factors That Affect Your Bond Amount

Immigration Judges consider multiple factors when deciding whether to grant bond and what amount to set:

Flight Risk Factors

• Family ties in the U.S.—Do you have a spouse, children, or other close relatives who are U.S. citizens or permanent residents?
• Length of residence—How long have you lived in the United States?
• Employment history—Do you have a stable job and work history?
• Property ownership—Do you own a home or have a long-term lease?
• Community ties—Are you active in a church, school, or community organization?
• Prior immigration violations—Have you failed to appear at hearings before or violated prior immigration orders?
• Manner of entry—Did you enter legally and overstay, or enter without inspection?

Danger to Community Factors

• Criminal history—Do you have criminal convictions? What kind? How recent?
• Gang allegations—Has the government alleged gang involvement?
• Nature of the offense—Were any crimes violent? Drug-related?
• Rehabilitation—What have you done since any criminal conviction to show rehabilitation?
• Time since conviction—How long ago was the conviction? Have you stayed out of trouble since?

How Much Is Immigration Bond?

Immigration bond amounts vary widely based on the factors above. Here are general ranges we see:

• Minimum bond: $1,500 (set by law)
• Typical range: $3,000 - $15,000
• Complex cases: $15,000 - $25,000
• High-risk cases: $25,000+ (sometimes $50,000 or more)

The goal at a bond hearing is to get the lowest possible bond that the family can afford to pay. Higher bond amounts don't make the person more likely to appear—they just make it harder for the family to secure release. Our attorneys argue vigorously for reasonable bond amounts.

Can You Negotiate Bond?

Yes. Before the hearing, we often negotiate with ICE counsel. Sometimes we can reach an agreement on a bond amount that both sides will recommend to the Judge. If we can't agree, we argue our position at the hearing and let the Judge decide.

How to Pay Immigration Bond

Once bond is granted, there are two ways to pay:

Option 1: Cash Bond to ICE

You can pay the full bond amount directly to ICE. This must be done at an ICE Enforcement and Removal Operations (ERO) office—not at the detention facility. You'll need:

• The exact bond amount in cash, cashier's check, or money order (no personal checks)
• Your valid government-issued ID
• The detained person's full name and Alien Registration Number (A-Number)

After you pay, the full bond amount is refundable when the case concludes—assuming the person attends all hearings and complies with the final order.

Option 2: Immigration Bond Company (Surety Bond)

If you can't afford to pay the full amount upfront, you can use an immigration bond company. You pay a non-refundable premium (typically 15-20% of the bond amount), and the bond company posts the full bond with ICE.

For example, on a $10,000 bond, you might pay $1,500-$2,000 to the bond company. This premium is not refunded, but it allows you to secure release without coming up with the full $10,000.

We can refer families to reputable immigration bond companies. Be careful—some companies charge excessive fees or impose unfair conditions. Always ask about the total cost and any collateral requirements.

What Happens After Release

Being released on bond is a huge relief, but it's just the beginning. Here's what to expect:

Conditions of Release

You must comply with all conditions of your release, which may include:

• Attending all immigration court hearings
• Reporting to ICE as required (check-ins)
• Notifying the court and ICE of any address changes
• Not getting arrested for new crimes
• Wearing a GPS ankle monitor (in some cases)

Your Immigration Case Continues

Bond release does not end your immigration case—it just allows you to fight your case from outside detention. You still need to attend all hearings and pursue whatever relief is available to you, such as asylum, cancellation of removal, adjustment of status, or other forms of relief.

Getting Your Bond Back

If you paid a cash bond, it will be refunded after your case concludes—whether you win relief and stay in the U.S., or comply with a removal order. Refunds typically take 6-12 months and are mailed to the address on file. If you used a bond company, the premium is not refundable.

What If Bond Is Denied?

If the Immigration Judge denies bond, you have options:

Appeal to the Board of Immigration Appeals (BIA)

You can appeal the bond denial to the BIA. The appeal must be filed within 30 days of the decision. The BIA will review whether the Immigration Judge applied the correct legal standard and whether the decision was supported by the evidence. BIA appeals typically take 2-4 months.

Request a New Bond Hearing

If circumstances change significantly, you can request a new bond hearing before the Immigration Judge. Changed circumstances might include:

• New evidence of community ties
• Resolution of pending criminal charges
• Changes in family circumstances (birth of a child, family member becoming seriously ill)
• Significant time passing with good behavior in detention
• New legal developments affecting your case

Habeas Corpus in Federal Court

If you've been detained for a prolonged period, you may be able to file a habeas corpus petition in federal district court. Federal courts have the power to order release when detention becomes unconstitutionally prolonged or when Immigration Judges apply incorrect legal standards. See our Habeas Corpus page for more information.

Bond Hearing vs. Habeas Corpus

Families often ask whether they should pursue a bond hearing or file a habeas corpus petition. Here's how they differ:

Bond Hearing	Habeas Corpus
Before an Immigration Judge	Before a Federal District Court Judge
Part of the immigration court system (Executive Branch)	Independent federal court (Judicial Branch)
Faster—typically 1-4 weeks to get a hearing	Slower—typically 2-4+ months for resolution
Appropriate for most detention cases	Appropriate for prolonged detention, mandatory detention challenges, or constitutional violations
Cannot challenge mandatory detention classification	Can challenge mandatory detention and constitutional issues

In many cases, we pursue a bond hearing first because it's faster. If that's unsuccessful and detention becomes prolonged, we may then pursue habeas corpus. In some cases, we file both simultaneously. The right strategy depends on your specific circumstances.

Why Choose Modern Law Group for Your Bond Hearing

Not all immigration attorneys handle bond hearings, and not all who do handle them well. Here's what sets us apart:

• Dedicated bond practice: Bond hearings are a core part of what we do, not an afterthought. We handle hundreds of bond cases every year.
• Fast response: We know detention emergencies can't wait. We offer 24-hour emergency consultations for new detention cases.
• National coverage: With offices in San Diego, Brooklyn, and Texas, we handle bond hearings in immigration courts across the country.
• Thorough preparation: We don't just show up and hope for the best. We gather comprehensive evidence packages that address flight risk and danger concerns head-on.
• Multilingual team: Our attorneys and staff speak English, Spanish, Russian, and other languages, ensuring clear communication with detained clients and their families.
• Experience with complex cases: We regularly handle cases involving criminal history, gang allegations, and other complications that less experienced attorneys may not know how to address.
• Federal court backup: If bond is denied and detention becomes prolonged, we have the federal court litigation experience to pursue habeas corpus relief.

Frequently Asked Questions

How long does it take to get a bond hearing?

After requesting a bond hearing, it typically takes 1-4 weeks to get a hearing date, depending on the court's schedule. Some immigration courts are faster than others. In urgent situations, we can request expedited hearings.

Can I attend my family member's bond hearing?

Generally, yes. Immigration court hearings are open to the public unless the Judge closes them. However, due to security at detention facilities, you may need to attend at the immigration court location while your family member appears via video from the facility. Check with your attorney about the specific procedures.

What if we can't afford the bond amount?

If the bond amount is too high, we can argue for a lower amount or file a motion to reconsider. You can also use a bond company, which requires only 15-20% upfront (though this premium is not refundable). Some nonprofit organizations also provide bond funds—we can help identify resources.

How do I know if my family member is even eligible for bond?

The best way to find out is to consult with an experienced immigration attorney. We can review the charges, criminal history, and circumstances of detention to determine bond eligibility and develop a strategy.

What if my family member already had a bond hearing and was denied?

They may be able to appeal to the BIA, request a new hearing based on changed circumstances, or pursue habeas corpus in federal court. Contact us to discuss options.

Can someone be detained again after being released on bond?

Yes, if they violate the conditions of release (such as failing to appear at a hearing or getting arrested for a new crime), ICE can revoke bond and re-detain them. Following all conditions of release is critical.

Take Action Now

Every day your loved one spends in detention is a day of separation, lost wages, and mounting stress. Immigration bond is often the fastest path to reuniting your family while the case continues. Don't assume ICE's initial bond decision is final—an Immigration Judge may see things very differently.

At Modern Law Group, our experienced bond attorneys are ready to fight for your family member's release. We respond quickly because we understand that detention emergencies can't wait.

Call us now at (888) 902-9285 or contact us online to schedule an emergency consultation. We're available 24 hours for urgent detention matters.