Immigration Judge Bonds

The Immigration Judge has authority in most cases, BUT NOT ALL CASES, to release a non-citizen in removal proceedings from USICE custody. If a person has entered the United States, s/he is usually eligible for a bond(the legal obligation evidenced by a written promise, and an amount of money a US citizen or a Lawful Permanent Resident(LPR) must pay to obtain release from custody).

Immigration Bonds vary in amount from $1500.00(the lowest amount permitted by Regulation) to well over $50,000.00. The average bond amount ranges between $2500-$30,000.00.

The three(3) main factors which an Immigration Judge considers on the issue of bond are:

Does the person have a viable defense from removal,

Does the person present a risk of flight if given bond,

Does the person present a risk to others in the community.

As in defense of removal, it is important to gather evidence, secure a person to pay the bond(who must be either a US citizen or green card holder), establish the financial ability of the person posting bond to pay that bond, in order to help establish the bond amount(the person posting bond is called a “surety”), and to establish that the non-citizen the government seeks to remove and deport is worthy of a bond, will appear as required, and will not harm people if s/he is permitted to re-enter the community.