Detention and Bond Proceedings

DHS ICE has discretion to release certain non citizens with or without a bond. Certain criminal convictions subject non citizens to mandatory detention and neither DHS nor an Immigration Judge may grant a bond. If DHS ICE refuse to grant a bond an application may be made to the Immigration Judge who has jurisdiction over the location where the person is detained. Certain applications may be made before the Immigration Judge while the person is still detained. However, it is difficult to pursue an asylum or claim for other immigration relief while in custody. Detained aliens can be released from custody under a bond of not less than $1500 or on conditional parole under supervised release programs. If a bond is set by the INS, the respondent has a right to a bond re-determination hearing before an Immigration Judge. An appeal from the judge’s decision must be made to the BIA within ten days of the decision.