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Immigration bond hearings: who can ask for bond, what the judge decides, the short deadlines and how a bond is posted

When a person in removal proceedings is detained, the first custody decision is made by DHS. Many detained people can then ask an immigration judge to review it, but not everyone can: arriving noncitizens and those held under the mandatory-detention provisions are excluded by 8 CFR 1003.19(h). By statute a bond must be at least $1,500, an appeal of the judge's bond decision goes to the BIA within 10 calendar days, and the BIA bond appeal has no EOIR fee.

Detention during removal proceedings affects every other part of the case. A "bond" is one way out of it. Whether a bond is available, who decides, how much it can be and how it is paid are set by statute and by regulation, and each step has a short deadline.

This page explains, as at 10 October 2026, how those rules are written: the statute that lets the government detain and release, the two main detention provisions, the role of the immigration judge in a bond hearing, the groups of people the regulations exclude from judge review, the deadlines to ask for review and to appeal, the Form EOIR-28 option that lets a representative handle only the bond, and how a bond is posted and ends. It describes rules. It does not say whether a particular person is eligible for a bond hearing, what amount a judge will set, or what a person should do. Eligibility turns on facts such as how and when a person entered the country, any criminal history and what stage the case has reached, and the legal answer for a given person can be a contested question. Anyone detained, or whose relative is detained, should speak to an attorney or DOJ-accredited representative immediately.

Quotation marks on this page mean the exact words of the statute, regulation or official page named.

The statute: detention is the starting point, release is discretionary

The main arrest-and-detention provision is section 236 of the Immigration and Nationality Act, 8 U.S.C. 1226. Subsection (a) says: "On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. Except as provided in subsection (c) and pending such decision, the Attorney General— (1) may continue to detain the arrested alien; and (2) may release the alien on— (A) bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General; or (B) conditional parole".

Four points follow from the text.

  • Release is something the government "may" do. The statute uses permissive words. There is no statutory right to be released.
  • The minimum bond is $1,500. "At least $1,500" is the floor. The statute sets no ceiling in these words.
  • Bond is "with security approved by" the government. Part of the process is how the money or the surety is accepted (see below).
  • Release on bond does not bring work authorization. Subsection (a)(3) says the Attorney General "may not provide the alien with work authorization (including an "employment authorized" endorsement or other appropriate work permit), unless the alien is lawfully admitted for permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization."

Subsection (b) allows revocation: the Attorney General "at any time may revoke a bond or parole authorized under subsection (a), rearrest the alien under the original warrant, and detain the alien."

Subsection (e) limits court review of these decisions: "The Attorney General's discretionary judgment regarding the application of this section shall not be subject to review. No court may set aside any action or decision by the Attorney General under this section regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole." What that sentence does and does not bar in a particular federal court is a legal question for a lawyer.

Mandatory detention and arriving noncitizens: where a bond may not be available

Not everyone detained under the immigration laws can be released on bond. The statute and regulations carve out groups.

Mandatory detention under section 236(c). Subsection (c)(1) of 8 U.S.C. 1226 says the Attorney General "shall take into custody" noncitizens in listed categories "when the alien is released" from criminal custody. In the 2024 edition of the Code, the categories include a person inadmissible for having committed any offense covered in section 1182(a)(2); a person deportable for offences under 1227(a)(2)(A)(ii), (A)(iii), (B), (C) or (D); a person deportable under 1227(a)(2)(A)(i) on the basis of an offense for which the sentence was at least one year; and certain terrorism-related grounds. Subsection (c)(2) allows release of such a person only if the Attorney General decides it is necessary to protect a witness or similar person under 18 U.S.C. 3521 and the person will not pose a danger and is likely to appear. That quotation is from the 2024 edition of the Code; check the current text of section 1226(c) for any later amendment.

Applicants for admission under section 235. 8 U.S.C. 1225(a)(1) says: "An alien present in the United States who has not been admitted or who arrives in the United States ... shall be deemed for purposes of this chapter an applicant for admission." Section 1225(b)(2)(A) then says that, subject to exceptions, "if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title."

The two provisions use different verbs. Section 1226(a) says "may continue to detain" and "may release". Section 1225(b)(2)(A) says "shall be detained". Which provision applies to a person who is already living in the United States, and what follows for a bond hearing, is a legal question that the Board of Immigration Appeals and federal courts decide, and this page does not state the answer. It is one of the first things a representative would assess.

After a final order. Once a removal order is final, 8 U.S.C. 1231(a) applies. It provides for a "removal period" of "a period of 90 days" and says: "During the removal period, the Attorney General shall detain the alien." Custody at that stage is governed by different rules from the ones covered on this page, which concern custody during removal proceedings.

The regulation's list of people the judge may not reach. 8 CFR 1003.19(h)(2)(i) says an immigration judge "may not redetermine conditions of custody imposed by the Service" for: aliens in exclusion proceedings; "Arriving aliens in removal proceedings, including aliens paroled after arrival pursuant to section 212(d)(5) of the Act"; aliens described in section 237(a)(4); and aliens in removal proceedings subject to section 236(c)(1). For the section 237(a)(4), section 236(c)(1) and similar groups in paragraphs (C) to (E), paragraph (h)(2)(ii) adds that a person may still seek "a determination by an immigration judge that the alien is not properly included within any of those paragraphs".

Step one: the DHS custody decision

The first decision is made by DHS, not by the judge. 8 CFR 236.1(g)(1) says that "an immigration official may issue a Form I-286, Notice of Custody Determination", at the time the Notice to Appear is issued or at any time afterwards until removal proceedings are completed. That form is how DHS records its custody decision.

The regulation gives DHS officers a standard for releasing someone who is not subject to mandatory detention. Under 8 CFR 1236.1(c)(8), the officer may release a person "not described in section 236(c)(1) of the Act, under the conditions at section 236(a)(2) and (3) of the Act; provided that the alien must demonstrate to the satisfaction of the officer that such release would not pose a danger to property or persons, and that the alien is likely to appear for any future proceeding."

Those two questions, danger and likelihood to appear, are the core of custody decisions. The regulation puts the burden of showing both on the person: the words are "must demonstrate". A DHS release can also be revoked: 8 CFR 1236.1(c)(9) provides that release "may be revoked at any time in the discretion of" the listed officers, in which case the person may be taken into custody again and, unless a breach has occurred, "any outstanding bond shall be revoked and canceled".

Step two: asking the immigration judge to review it

If DHS keeps a person in custody or sets a bond the person cannot meet, the person can ask the immigration court to redetermine it, unless a regulatory exclusion applies.

The authority. 8 CFR 1236.1(d)(1) says the person "may, at any time before an order under 8 CFR part 1240 becomes final, request amelioration of the conditions under which he or she may be released", and that the immigration judge "is authorized to exercise the authority in section 236 of the Act ... to detain the alien in custody, release the alien, and determine the amount of bond, if any". For someone already released: "an application for amelioration of the terms of release must be filed within 7 days of release." After that seven-day period, the person may ask the DHS district director to review (8 CFR 1236.1(d)(2)).

How to ask. 8 CFR 1003.19(b): "Application for an initial bond redetermination by a respondent, or his or her attorney or representative, may be made orally, in writing, or, at the discretion of the Immigration Judge, by telephone." Under 1003.19(c)(1), if the respondent is detained, the application goes "to the Immigration Court having jurisdiction over the place of detention".

The hearing is separate from the removal case. 8 CFR 1003.19(d): the judge's consideration of custody or bond "shall be separate and apart from, and shall form no part of, any deportation or removal hearing or proceeding. The determination of the Immigration Judge as to custody status or bond may be based upon any information that is available to the Immigration Judge or that is presented to him or her by the alien or the Service." The regulation does not list the factors the judge must weigh. The standard for danger and flight risk that judges and the Board apply is developed in decisions, and this page does not summarise them.

A second request. 8 CFR 1003.19(e): a later request "shall be made in writing and shall be considered only upon a showing that the alien's circumstances have changed materially since the prior bond redetermination."

The decision. It is "entered on the appropriate form at the time such decision is made and the parties shall be informed orally or in writing of the reasons for the decision" (1003.19(f)).

Why a representative matters here. A person can be represented in a bond hearing, and a representative can take the bond alone. Form EOIR-28 can be filed "for custody and bond proceedings only", and that appearance is "separate and apart" from any appearance in the removal case (8 CFR 1003.17(a)). See who can represent you in a deportation case for who is eligible to appear.

Appeals and stays: the deadlines are short

Appeal to the Board. 8 CFR 1003.19(f) says that "An appeal from the determination by an Immigration Judge may be taken to the Board of Immigration Appeals pursuant to § 1003.38." The Notice of Appeal on Form EOIR-26 must reach the Board "within 10 calendar days of the Immigration Judge's decision" (8 CFR 1003.38(b)(1)). EOIR's fee page lists the fee for a "Bond Appeal" as "No Fee", with Form EOIR-26 required. See our BIA appeal page for how the 10-day count and the EOIR-26 work in a removal appeal.

An appeal does not release anyone. 8 CFR 1236.1(d)(4): filing "shall not operate to delay compliance with the order (except as provided in § 1003.19(i)), nor stay the administrative proceedings or removal."

The government's automatic stay. 8 CFR 1003.19(i)(2) says that "In any case in which DHS has determined that an alien should not be released or has set a bond of $10,000 or more, any order of the immigration judge authorizing release (on bond or otherwise) shall be stayed upon DHS's filing of a notice of intent to appeal the custody redetermination (Form EOIR-43) with the immigration court within one business day of the order". The same section lets the Board stay a custody order when DHS appeals "or on its own motion" (1003.19(i)(1)). In those cases, the judge's release order is stayed while the appeal is pending.

Time limits at a glance.

  • Seven days after release to ask the judge to change the conditions (8 CFR 1236.1(d)(1)).
  • Ten calendar days to appeal an immigration judge's custody decision to the Board (8 CFR 1003.38(b)(1)).
  • One business day for DHS to file its notice to stay a release order (8 CFR 1003.19(i)(2)).

These time limits run from the dates in the decisions, not from when a family finds out. Counting them correctly is part of what a representative does.

Posting a bond, and what ends it

Once a bond is set, someone has to post it. The rules are in 8 CFR 103.6.

  • Form. "All surety bonds posted in immigration cases shall be executed on a form designated by DHS" (8 CFR 103.6(a)(1)). A bond that is not on the official form is not the bond the regulation describes.
  • Who can post. "Immigration bonds may be posted by a company holding a certificate from the Secretary of the Treasury under 31 U.S.C. 9304-9308 as an acceptable surety on Federal bonds (a Treasury-certified surety). They may also be posted by an entity or individual who deposits cash or cash equivalents, such as postal money orders, certified checks, or cashier's checks, in the face amount of the bond." (103.6(b)(1)). ICE may decline bonds from a surety that has not met the regulation's performance tests (103.6(b)(2)).
  • Who is the obligor. The person who posts a bond takes on a legal obligation to the government for the conditions stated in it. A relative or friend who posts a bond should read the conditions and keep copies of everything.

Breach and release from the bond. 8 CFR 103.6(e) provides: "A bond is breached when there has been a substantial violation of the stipulated conditions." A final breach determination "creates a claim in favor of the United States". Conversely, 103.6(c)(3) says: "Substantial performance of all conditions imposed by the terms of a bond shall release the obligor from liability." How and when a cash deposit is returned depends on the bond conditions and DHS procedures, which this page does not set out. Ask for the bond form and its conditions in writing before paying.

Keeping the case on track after release. The conditions are stated in the bond itself, so read them. A person who is released should treat every hearing notice and every condition of release as binding, and should notify the immigration court of address changes in writing, because notice goes to the last address on file and a hearing can proceed if the person does not attend (see missed immigration court and in absentia orders). A bond also does not decide the removal case itself, which continues on its own timetable, and for some people the relevant relief is described in our page on cancellation of removal.

Be careful about who is offering to help. Compare any offer to arrange a bond or a release for a fee with the rules above: the regulation names who may post a bond, and only the people listed in 8 CFR 1292.1 may represent a person. The pages on immigration scams and low-cost and pro bono immigration legal help cover warning signs and the lists of authorized providers.

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

What is the minimum immigration bond?

The statute, 8 U.S.C. 1226(a)(2)(A), allows release on "bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General". The amount in any case is set by DHS or by the immigration judge. The statute sets no stated maximum.

Does everyone detained by ICE get a bond hearing?

No. 8 CFR 1003.19(h)(2)(i) says an immigration judge may not redetermine custody for people in exclusion proceedings, arriving aliens in removal proceedings, those described in section 237(a)(4), and those subject to mandatory detention under section 236(c)(1). For some of those groups, a person can still ask a judge to decide that they are not properly included (8 CFR 1003.19(h)(2)(ii)). Whether a hearing is available to a particular person is a legal question for an attorney or accredited representative.

How long do I have to appeal a bond decision?

The Notice of Appeal (Form EOIR-26) must reach the Board of Immigration Appeals within 10 calendar days of the immigration judge's decision (8 CFR 1003.38(b)(1), 1003.19(f)). EOIR's fee page lists a bond appeal with no fee. The appeal does not by itself release the person (8 CFR 1236.1(d)(4)).

Can I ask for a bond hearing again if the judge says no?

Only in limited circumstances. Under 8 CFR 1003.19(e), a later request "shall be made in writing and shall be considered only upon a showing that the alien's circumstances have changed materially since the prior bond redetermination."

Who can post an immigration bond?

Under 8 CFR 103.6(b)(1), a Treasury-certified surety company, or "an entity or individual who deposits cash or cash equivalents, such as postal money orders, certified checks, or cashier's checks, in the face amount of the bond." Surety bonds are executed on a form designated by DHS.

Will I be allowed to work if I am released on bond?

Release on bond does not itself bring work authorization. 8 U.S.C. 1226(a)(3) says the Attorney General "may not provide the alien with work authorization" unless the person is a permanent resident or would otherwise be provided such authorization without regard to removal proceedings. Work permits that exist for other reasons, such as a pending asylum application, are covered on other pages.

Sources

Last checked 2026-10-10.

Related guides

  • Notice to Appear (NTA): what it is, what it must say and what happens next — A Notice to Appear starts removal proceedings once it is filed with an immigration court. The statute lists what it must contain, sets a minimum of 10 days before the first hearing and requires an address on file with the court. Missing a hearing after proper written notice can lead to an order of removal in the person's absence.
  • Deportation defense: who the law lets represent you in immigration court, and how to check — In removal proceedings the law gives a person the privilege of being represented "at no expense to the Government", and 8 CFR 1292.1 limits who may do it to a closed list: registered attorneys, fully accredited representatives of DOJ-recognized non-profits, supervised law students and graduates, and a few others. Notaries, notarios, consultants and document preparers are not on the list.
  • Missed immigration court: in absentia removal orders, the 180-day motion and what the law says about notice — If a person does not attend a removal hearing after written notice, an immigration judge must order removal in absentia when DHS proves notice and removability by clear, unequivocal and convincing evidence. The order can be rescinded only by a motion to reopen: within 180 days for exceptional circumstances, or at any time for no notice or federal or state custody. There is no appeal to the BIA.
  • BIA appeal 2026: the $1,060 fee, the deadline and the March 2026 summary-dismissal rule — An appeal of an immigration judge's decision goes to the Board of Immigration Appeals on Form EOIR-26, with a $1,060 fee or a fee waiver request, and under 8 CFR 1003.38(b) it must reach the Board within 10 calendar days (30 days only where the judge adjudicated an asylum application on the merits). Since 9 March 2026 the Board must dismiss most appeals unless a majority votes to accept them.
  • Cancellation of removal: who can ask for it, the EOIR-42A and EOIR-42B fees, and the rules that stop the clock — Cancellation of removal is a form of relief that an immigration judge may grant, in removal proceedings only. Permanent residents use Form EOIR-42A ($730 from 1 October 2026); people who are not permanent residents use Form EOIR-42B ($1,690), which requires 10 years of continuous physical presence and "exceptional and extremely unusual hardship" to a qualifying relative. The clock for both generally stops when a Notice to Appear is served.
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  • Free ($0) and low-cost immigration legal help: where it comes from — Legal help at $0 or low cost comes mainly from three official sources: EOIR's List of Pro Bono Legal Service Providers (for people in immigration court), DOJ-recognized non-profits with accredited representatives, and supervised law school clinics. Government filing fees usually still apply.
  • Immigration scams: warning signs and where to report them — Only attorneys and DOJ-accredited representatives may give immigration legal advice, USCIS forms are available at no cost on its website, and USCIS does not take payment by gift card or by apps such as Venmo. If you have paid a scammer, report to the FTC and your state consumer protection office.
  • Who can legally give US immigration advice? — Attorneys in good standing and DOJ-accredited representatives of recognized non-profits can advise and represent you; a few narrow categories can appear unpaid. Notaries, notarios and immigration consultants cannot give immigration legal advice. Form preparers may only fill in blanks for a nominal fee.