A person in removal proceedings is often held by ICE without bond. In many circumstances, the foreign national will be eligible for a bond. An attorney can submit a bond motion with the Court (even before a Notice to Appear is filed) requesting a bond hearing. Supporting documents must be filed along with the request for bond. The foreign national must establish that he or she is not a flight risk or a danger to the community in order to be granted bond.
In some cases, DHS may allege that the foreign national is ineligible for bond as a result of a criminal conviction or convictions. Under INA §236(c), some criminal convictions result in mandatory detention. It is important to determine whether a person is actually subject to mandatory detention, and if not, make an argument that he or she is eligible for bond. See Matter of Joseph, 22 I&N Dec. 799 (BIA 1999).
A foreign national can also file a bond redetermination request where DHS initially sets a bond, but the person believes the bond is too high.
An adverse bond decision can be appealed to the Board of Immigration Appeals. Additionally, a person may be eligible for another bond hearing if bond is denied where the person’s circumstances have materially changed since the initial bond hearing.