Bond Hearings for Immigrants: Eligibility, amounts, and how to request one

A bond hearing gives detained immigrants the chance to ask an Immigration Judge (IJ) for release while their case is still pending. At this hearing, the judge decides whether you can be released and sets the immigration bond amount based on risk and safety considerations.

In 2025, bond eligibility rules shifted, and policies continue to change. That’s why it’s critical to review your options with an experienced attorney. At Law Group Internationalhttps://lgilawyers.com/, we help detained immigrants and their families understand the process and prepare strong bond requests.

What Is a Bond Hearing?

A bond hearing is separate from your deportation (removal) proceedings. First, the Department of Homeland Security (DHS) makes a custody decision under INA §236(a) or §236(c). If you disagree with DHS’s decision, you can request a bond redetermination before an immigration judge, at no filing cost.

Source: EOIR Practice Manual; 8 C.F.R. §1003.19

Who Is Eligible Right Now?

An immigration judge usually has jurisdiction to hear a bond request if you are detained under INA §236(a). However, there are important exceptions:

Arriving immigrants under INA §235(b): Not eligible for IJ bond hearings.
Mandatory detention under INA §236(c): Certain crimes or security cases are excluded.
Final orders / reinstatement / expedited removal: No IJ bond authority.
Mootness: If you’ve already been released or removed, there’s no hearing.

Sources: EOIR Policy Manual, INA §§235, 236

Policy Watch (2025)

Recent BIA rulings suggest possible restrictions on bond eligibility for immigrants who entered without inspection (EWI). Litigation and appeals are ongoing, and outcomes may vary case by case.

Don’t assume you’re ineligible. Ask us for a tailored legal review.

How to Request a Bond Hearing (Step-by-Step)

You can request a bond hearing in one of three ways:

In writing: Send a letter to the court with your name, A-number, detention location, DHS bond decision, and attorney details.
Orally: Ask for a bond hearing during your Master Calendar Hearing.
By phone: Follow IJ procedures in detained dockets.

Once requested, courts generally set bond hearings as soon as possible, often within weeks.

You usually only get one main chance. A second bond request requires “materially changed circumstances,” such as new relief eligibility, dropped charges, stronger sponsor support, or new medical documentation.

Source: 8 C.F.R. §1003.19(e)

What Judges Consider (and How to Prepare Your Packet)

Immigration judges weigh several key factors:

Danger to persons or property
Risk of flight (likelihood you’ll attend hearings)
National security concerns
Whether you merit discretionary release

The burden of proof is on you. A strong bond packet should include:

Sponsor letter from a U.S. citizen or permanent resident
Proof of stable residence and long-term U.S. presence
Family ties (marriage/birth certificates, school or work records)
Community letters from religious leaders, employers, or mentors
Clear roadmap for relief (asylum, U/T visa, family-based petition)
Certified translations of any documents in another language
Criminal updates/dispositions with rehabilitation proof
Evidence of prior court compliance

Source: Matter of Guerra, 24 I&N Dec. 37; Federal Bar Association

How Much Is an Immigration Bond?

Statutory minimum: $1,500
No maximum: The amount depends on your risk profile
Typical bonds: Often set much higher in practice

Source: 8 U.S.C. §1226(a)(2)(A)

Paying the Bond (CeBONDS, Who Can Pay, and Refunds)

Who can pay (obligor): A U.S. citizen or LPR, 18+, with valid ID.
How to pay: Use ICE CeBONDS. The obligor creates an account, uploads ID, and posts the bond in full.
Refunds: After the case ends or custody changes, ICE issues Form I-391 (cancellation for refund) or Form I-323 (breach if conditions violated).

Source: ICE/ERO CeBONDS

If the Judge Denies Bond (or Sets It Too High)

If your bond request is denied or the amount is unaffordable, you still have options:

Appeal to the BIA: File Form EOIR-26A by the deadline.
Request a new hearing: Only if circumstances have materially changed.
Ask ICE for parole: Especially in medical or humanitarian cases.

Source: EOIR; 8 C.F.R. §1003.19

Common questions about Bond Hearings for Immigrants (FAQ)

Can I get a bond if I entered without inspection?
Possibly restricted under new 2025 rulings. Get case-specific legal advice.
Is a bond hearing recorded?
No. Custody proceedings are separate from your deportation case.
What evidence helps the most?
Strong sponsor, stable housing, family ties, clean record, and eligibility for immigration relief.
What’s the minimum bond?
$1,500 by statute.
Can DHS appeal my bond grant?
Yes. DHS can appeal, and in some cases stays apply.

Why Work With Law Group International (Alexandria/NOVA)?

At Law Group International, we know how urgent bond hearings are. Our team helps:

Build persuasive bond packets
File requests quickly on the Alexandria/Annandale detained dockets
Coordinate with DHS/OPLA in DC and Virginia
Guide families through ICE’s CeBONDS system

Ask an Attorney About Bond Eligibility

Same-day bond review
Bilingual support (English, Spanish, Farsi, Dari)
Detained docket experience

Schedule your confidential bond consultation today.