Detention and Bond

HaleyNelson & Heilbrun, LLP, has extensive experience representing persons who have been detained by Immigration Customs and Enforcement (ICE). Where ICE does not set a bond or release the individual with conditions, or where they set a bond that it is too high, the individual can request a bond hearing before an Immigration Judge to set a bond or lower the bond. The request for a bond hearing can be made as soon as the individual is detained by ICE. In certain cases, the Immigration Judge may not have authority to decide a request for a bond hearing where ICE alleges that the individual is subject to “mandatory detention.” However, a detained individual has the right to challenge the allegation that they are subject to mandatory detention in a “Joseph Hearing.” If successful, the Immigration Judge will consider a person’s bond request and may release him or her from detention. However, if a person is determined to be subject to mandatory detention, then he or she may still fight their case from detention.

It is important to note that bond hearings are separate from the primary immigration proceedings, even though they may be heard by the same Immigration Judge. If an individual is released on bond, they must appear for all their future immigration hearings or they will lose the bond, and can be ordered deported/removed in their absence (in absentia). No matter what the determination regarding a bond, an individual’s immigration case continues. Because an individual generally only has one opportunity to request their release on bond, we encourage you to consult with an experienced immigration attorney as soon as your family member is detained.

Our office also represents individuals in requests for release from custody on parole or with conditions, and in expedited bond appeals.

436 14th Street, Suite 716, Oakland, CA 94612 | (510) 868.0633 | (415) 484.4005 |
Providing quality legal representation and exceptional client services to immigrants and their families.