What is a Bond in Immigration Court?

What is a Bond in Immigration Court?

When a noncitizen has been detained by Immigrations and Customs Enforcement (ICE) he or she may be entitled to pay a bond fee to be released into the community while waiting for their immigration court hearing. Most people will want to get out of detention as quickly as they can, for many reasons.

Bond is like bail in criminal cases. It is a fee set by the court that is intended to guarantee that a released person will return for their hearing. The amount is returned if the person appears, but it is not returned if the person fails to appear.

Detainees can ask if bond has been set for them. If it has been set, they should be able to get released upon paying the amount. If bond has not been set, or ICE personnel are saying the detainee is not eligible for bond, then he or she is entitled to a bond hearing. The judge at the hearing will determine whether the detainee can be released or how much the bond should be. Detainees who have high bond amounts can request a bond hearing to have the judge reconsider the bond amount.

You can learn more about bonds for release from detention here. Most detainees, understandably, will want to get out of detention as quickly as possible. There may be times when it is not in your best interest, or ICE is telling you that you are not eligible for bond. An immigration attorney can advise you before you take any action on bond that you may later regret.

If you or a loved one is detained, Landerholm Immigration, A.P.C. can help you obtain a bond so you can return to your community and family while waiting for your immigration hearing. You can learn more about our team at our immigration bond page, or by calling us at (510) 756-4468.

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