Immigration Bond + Custody Hearings

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Immigration bond decides whether the case is fought from home.

Bond and custody representation for people held by ICE in Allentown, the Lehigh Valley, and across Pennsylvania and New Jersey: eligibility, the bond package, the hearing, Board appeals, and federal habeas when a judge will not hear the request.

ICE's decision is not the last word. A person held under INA § 236(a) can ask an immigration judge to review custody, and the judge may set, lower, or raise a bond. Whether § 236(a) applies at all comes first, and that depends on how the person entered, their record, and where they are held.

Two custody decisions

ICE decides custody first. A judge can decide it again.

The first decision is made quickly, by an officer, on little information. The second is a hearing that has to be requested and prepared, and it is the one a family can influence.

  1. 01

    ICE's initial custody decision

    At or soon after the arrest, ICE decides whether to hold the person without bond, set a bond, or release on recognizance or other conditions. ICE records that decision on a custody notice, and the notice is worth finding.

  2. 02

    The request to a judge

    A person held under INA § 236(a) may ask an immigration judge to redetermine custody at any time before a removal order becomes final, under 8 C.F.R. § 1236.1(d). The request goes to the immigration court with jurisdiction over the place of detention and may be made orally or in writing under 8 C.F.R. § 1003.19. There is no application form.

  3. 03

    The bond package

    Evidence is filed before the hearing: the sponsor's letter and proof of status, proof of address, family, work, and tax records, certified dispositions for any arrest, and proof of eligibility for relief. A later request needs a material change in circumstances, so the first hearing should be prepared, not rushed.

  4. 04

    The hearing

    The hearing is usually short and often held by video. The judge decides danger first and flight risk second, the burden is on the detained person, DHS may oppose, and a sponsor may testify. It is separate from the removal case, and its record is kept apart.

  5. 05

    The decision

    The judge may deny bond, keep ICE's amount, lower it, or raise it, and must give reasons. Either side may appeal to the Board of Immigration Appeals. If ICE had set no bond or a bond of $10,000 or more, DHS can file a notice within one business day that automatically stays a release order while it appeals, generally for no more than 90 days unless the Board grants a further stay.

  6. 06

    Posting and release

    A U.S. citizen, a permanent resident, a law firm, or a nonprofit posts the bond with ICE, usually online, and signs Form I-352. Release follows ICE's processing and can come with reporting or monitoring conditions.

  7. 07

    After release

    The removal case continues, often on a different court's calendar. Every hearing and every ICE demand to report has to be met; one missed date can lead to a removal order in absentia and forfeit the bond.

Eligibility · Detention authority · Location

The detention statute decides whether a judge can set bond.

Before evidence matters, the custody authority has to be right. The same person can be eligible or ineligible depending on how they entered, their record, whether an order is final, and which federal circuit they are held in.

01 · INA § 236(a)

General detention: bond is available

Most people arrested inside the United States while a removal case is pending are held under INA § 236(a). ICE may release them on a bond of at least $1,500 or on conditional parole, and an immigration judge may review ICE's decision.

See what the judge weighs
02 · Third Circuit, 2026

Entered without inspection, arrested inside the country

Since 2025 the government has argued that these people must be held without bond, a reading the Board adopted in Matter of Yajure Hurtado. On August 28, 2026, the Third Circuit rejected it in Buele Morocho v. Warden Philadelphia FDC: in Pennsylvania, New Jersey, and Delaware they are held under § 236(a) and may ask for bond. The ruling does not cover expedited removal, which ICE can now use anywhere in the country against people who cannot show two years of continuous presence, and which means detention without a bond hearing.

Read the Third Circuit update
03 · INA § 236(c)

Mandatory detention for listed crimes

Certain offenses require detention without bond. Usually that means a conviction, but in some cases an offense the person admits committing, reason to believe they trafficked drugs, or, since the Laken Riley Act of 2025, a charge or arrest for offenses such as theft, burglary, or shoplifting can be enough. A Joseph hearing lets the person argue that the category does not apply.

Read the criminal-record questions
04 · INA § 235(b)

Arriving noncitizens and many parolees

People stopped at a port of entry or caught while crossing, and many people paroled at the border, are treated as held under INA § 235(b). An immigration judge generally cannot set bond for them, so release usually runs through ICE parole, and federal court may be the only judicial route.

Compare the routes to court
05 · INA § 241

A final or reinstated removal order

Once an order is final, or an old order is reinstated, custody runs under INA § 241 and an immigration judge has no bond jurisdiction. The routes are ICE custody review, a motion to reopen where the order can be challenged, and habeas when removal is not reasonably foreseeable.

Read about final-order options
06 · Place of detention

The rule follows the person

Bond eligibility follows the law of the circuit where the person is held. A transfer to Texas or Louisiana moves the person into the Fifth Circuit, which has held the opposite of the Third Circuit, and a habeas petition belongs in the district where the person is held.

What to do in the first 48 hours

This area is still moving. As of September 25, 2026, petitions asking the Supreme Court to decide the mandatory-detention question are pending, the government may still seek further review of the Third Circuit's decision, and the nationwide expansion of expedited removal is still under review in the federal court of appeals in Washington, D.C. We confirm the rule that applies on the day we file, not the day this page was written.

What the judge weighs

Two questions, in order: danger, then flight risk.

Under Matter of Guerra, the detained person has to show that release would not endanger the community and that they will appear for every hearing. The judge reaches flight risk only after deciding danger, and each question is answered with its own evidence.

Question one · Danger

Is the person a danger to the community?

  • Certified dispositions for every arrest, including charges that were dismissed, withdrawn, or reduced.
  • A clean background check where there is no record at all, so nothing is left to explain.
  • Context for any record: sentence completed, probation finished, treatment or classes attended, and time since the last incident.
  • Character letters from employers, clergy, and neighbors who know about the record and say so.
  • Honest testimony that is consistent with the court records the judge already has.
Question two · Flight risk

Will the person appear for every hearing?

  • A verifiable sponsor: a signed letter with the sponsor's proof of status, address, phone number, and relationship.
  • A fixed address: a lease, deed, or utility bills for the place the person will live.
  • Family ties: birth and marriage certificates for U.S. citizen and permanent resident spouses, children, and parents.
  • Years of residence and work: tax returns, pay stubs, employer letters, and school records.
  • A reason to come back: a pending asylum application, a family petition, or eligibility for cancellation of removal or other relief.
  • An appearance history: prior hearings attended and ICE check-ins kept.

What tends not to carry a bond hearing: unsigned or undated letters, a sponsor with no proof of status or address, a statement that a charge was dropped without the court's paperwork, and a relief claim no one has examined. The judge may also consider anything DHS presents, including police reports.

The first 48 hours

The bond file is built outside the detention center.

The detained person has almost nothing with them. The documents that answer the judge's questions are at home, at work, and with the sponsor, and the family can gather them while the lawyer confirms custody and files the request. If ICE has just taken someone and you have nothing yet, start with our emergency page.

Do not let the detained person sign anything before a lawyer reviews it, especially a stipulated removal order or a voluntary departure form, and do not pay anyone who calls offering to arrange a release. ICE does not collect bonds over the phone.

  • The A-number and the facility. The 8- or 9-digit A-number appears on a work permit, a green card, and most immigration notices. Use it to confirm the facility on the ICE Online Detainee Locator, and check again before each call, because transfers happen quickly. Our locator guide walks through the search.
  • The papers ICE issued. The Notice to Appear, the custody notice, and any bond or no-bond decision. The Notice to Appear shows how the government is charging the person's entry, which drives eligibility.
  • The sponsor. Ideally a U.S. citizen or permanent resident with a stable address, who will sign a letter, attach proof of status and address, and be reachable on the day of the hearing.
  • Proof of a life here. A lease or mortgage, tax returns, pay stubs, an employer letter, children's birth certificates and school records, and letters from people who know the person.
  • Every criminal record. Certified dispositions from the court clerk for each arrest, even old or dismissed ones. A police report without the final outcome invites the worst reading.
  • Any immigration filing, past or pending. Receipt notices, an asylum application, a family petition, and any prior court order. A pending case is a reason to come back; an old order changes the whole analysis.

Posting · Conditions · Alternatives

Posting bond is a contract with ICE, not just a payment.

The person who posts the bond, called the obligor, promises that the released person will appear whenever ICE demands it. Knowing those obligations before signing protects both the money and the case.

01 · The obligor

Who can post a bond

ICE accepts cash bonds from U.S. citizens, lawful permanent residents, law firms, and nonprofit organizations, each with proof of status or authority. The detained person generally cannot post their own delivery bond. This firm does not advance or lend bond money.

02 · CeBONDS

How it is paid

Bonds are generally posted online through ICE's CeBONDS system by bank transfer, during ICE's weekday bond-posting hours, and the obligor signs Form I-352. Posting in person at an ICE Enforcement and Removal Operations office is handled case by case.

03 · Delivery bond

What the obligor promises

A delivery bond requires the obligor to produce the person whenever ICE issues a Notice to Obligor to Deliver Alien, Form I-340. ICE can treat even a late appearance as a breach, and a breach forfeits the deposit.

04 · Notices

Keeping the bond in good standing

ICE sends notices to the obligor's address on file, so a move must be reported on Form I-333. Keep Form I-352, the bond number, and every notice for the life of the case.

05 · Refund

Getting the money back

When every obligation has been met and the case is over, ICE cancels the bond on Form I-391 and refunds the obligor, not the released person. Refunds are not immediate, so the obligor should stay reachable until the money arrives.

06 · Without a cash bond

Recognizance and Alternatives to Detention

ICE can release a person on recognizance, with reporting conditions and no money, or enroll them in Alternatives to Detention, which uses phone check-ins, a smartphone app, or a GPS ankle or wrist monitor. Monitoring conditions are generally ICE's to change, not the judge's.

If ICE set the bond and released the person, a request asking an immigration judge to change the terms generally must be filed within 7 days of release under 8 C.F.R. § 1236.1(d)(1). After that, review of the conditions goes to ICE.

If bond is denied

The next step depends on why the answer was no.

A denial on the evidence, a refusal to hold a hearing, and detention that has gone on too long call for different forums, different deadlines, and different records.

 Bond hearing before an immigration judgeBond appeal to the BoardHabeas petition in federal court
Who decidesAn immigration judge at the court with jurisdiction over the place of detention.The Board of Immigration Appeals, reviewing the judge's decision on the written record.A federal district judge in the district where the person is held.
When it is usedThe first request after ICE's custody decision, and later requests only on a material change in circumstances.When either side contends the judge got the bond decision wrong on the facts or the law.When detention itself is unlawful: no hearing because of a legal theory, a misapplied mandatory-detention rule, or detention that has become unreasonably prolonged.
What it can orderRelease on a bond of at least $1,500, a different amount than ICE set, or continued detention.Affirm, reverse, set a different bond, or return the case to the judge.Release, or an order requiring a bond hearing that meets the law, sometimes with the burden placed on the government.
DeadlineNone fixed; available at any time before a removal order becomes final.Form EOIR-26 must be received by the Board within 30 calendar days of the decision under current EOIR guidance; confirm the deadline on the day the decision issues.No fixed deadline, but filing before a transfer can decide which court hears it.
TimingDetained dockets move quickly; the date depends on the court's calendar and on how fast the evidence is ready.Decided on the papers, without a new hearing; timing varies with the Board's docket.Depends on the court's schedule and the government's response; emergency motions are possible.
While it is pendingThe removal case continues on its own track, and the bond record stays out of it.A release the judge ordered goes forward unless DHS obtains a stay, including the automatic stay in no-bond and $10,000-plus cases.The person usually remains detained unless the court orders otherwise.
How it is filedNo EOIR form; a written motion with evidence, or an oral request.Form EOIR-26, stating the specific errors in the judge's decision.A petition under 28 U.S.C. § 2241, sometimes with an emergency motion.

General comparison only. The routes can run in parallel, and a federal court may ask whether a Board appeal was taken first. The right order depends on why custody was denied and where the person is held; see appeals and federal litigation.

Private two-minute guide

Which custody question comes first?

Answer three general questions. The guide suggests where a first review should start; it does not decide bond eligibility, predict a judge's ruling, or send your answers to the firm.

Your selections stay in this browser and disappear when the page is refreshed.

Call instead

Official starting points

Use the official tools, and confirm the rule where the person is held.

Locator records lag behind transfers, bond procedures change, and detention law has moved several times since 2025. Confirm the current rule before relying on any summary, including this one.

Common questions

Immigration bond questions.

General answers help families prepare. They cannot tell you whether a particular person is eligible for bond, what amount a judge will set, or whether release will be granted.

How much is an immigration bond?

The statute sets a minimum of $1,500 in INA § 236(a)(2)(A) and no maximum. The amount ICE sets is not final: at a bond hearing the judge may lower it, keep it, or raise it, and the figure usually tracks the flight-risk evidence. A fixed address, a verifiable sponsor, family ties, and a pending case for relief tend to matter more than argument about the number itself.

Who can post the bond, and how is it paid?

ICE accepts cash bonds from U.S. citizens, lawful permanent residents, law firms, and nonprofit organizations; this firm does not advance or lend bond money. Bonds are generally posted online through ICE's CeBONDS system by bank transfer, and the obligor signs Form I-352; paying in person at an ICE office is handled case by case. A family that cannot post the full amount may use a surety company certified by the Treasury Department, whose premium is generally not refunded. No legitimate bond is paid to someone who calls asking for money.

Do we get the bond money back?

Generally yes, if every obligation is met: the person attends every hearing, reports whenever ICE demands it, and complies with the final decision, including departure if removal is ordered. ICE then cancels the bond on Form I-391 and refunds the obligor. A breach forfeits the deposit, so the obligor should keep the address on file current and stay in touch with the released person and the lawyer.

Can someone who entered without inspection get a bond hearing in Pennsylvania?

Often, yes, if the person was arrested inside the country rather than at or near the border and ICE has not placed them in expedited removal. On August 28, 2026, the Third Circuit held in Buele Morocho v. Warden Philadelphia FDC that these people are held under INA § 236(a) and may ask an immigration judge for bond. The decision binds Pennsylvania, New Jersey, and Delaware, does not reach mandatory detention under § 236(c), and could change if the Supreme Court takes up the question. Since July 2026, ICE can use expedited removal anywhere in the country against people who cannot prove two years of continuous presence, and it means detention without a bond hearing. A hearing is not release: the judge still decides danger and flight risk.

What if the person has a criminal record?

It depends on the exact offense and its outcome. Offenses listed in INA § 236(c) require mandatory detention. Usually that means a conviction, but for people charged as inadmissible, an offense the person admits committing or reason to believe the person trafficked drugs can be enough. The Laken Riley Act of 2025 extended mandatory detention to a charge or arrest for, or an admission of, burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or a crime causing death or serious bodily injury, for people who entered without inspection, lack valid entry documents, or are inadmissible for fraud or misrepresentation. Other records generally do not bar a hearing but are weighed on danger. Certified dispositions decide the category, and a Joseph hearing can challenge a wrong classification.

What if the judge denies bond or sets an amount we cannot pay?

There are three routes, and they are not interchangeable. A new request to the judge requires a material change in circumstances. An appeal must reach the Board of Immigration Appeals within 30 calendar days under current EOIR guidance. If the judge refused to hold a hearing because of a legal theory, or detention has become unreasonably long, a habeas petition in federal district court may be the right tool; see appeals and federal litigation. A request to ICE for a lower amount or another form of release can run alongside.

Is the bond hearing part of the removal case?

No. Under 8 C.F.R. § 1003.19(d), the bond hearing is a separate proceeding, and its record forms no part of the removal hearing. Winning bond does not decide the case, and losing it does not end it. Testimony still needs preparation, because what the person says about entry, history, and plans should be consistent with the defense that follows in removal proceedings.

What happens if ICE transfers the person out of Pennsylvania?

The law of the new location generally controls. A person moved to Texas or Louisiana is in the Fifth Circuit, which has held that people who entered without inspection must be detained without a bond hearing, the opposite of the Third Circuit. The Eighth Circuit has ruled the same way. A habeas petition belongs in the district where the person is held, and one filed before a transfer generally stays with that court. Tell the lawyer about any move the day it happens.

Does release on bond come with a work permit?

No. INA § 236(a)(3) provides that release on bond or conditional parole does not by itself authorize work. A work permit needs its own basis, such as a pending asylum application after the required waiting period or another eligible category, each with its own rules.

What does a bond lawyer cost?

We quote a flat fee after reviewing the custody paperwork, the record, and where the person is held. Each stage is scoped and quoted separately, in writing, before work begins: the bond hearing, any Board appeal, any habeas petition, and the removal case itself. Legal fees are separate from the bond, which is paid to ICE and is not part of any firm payment plan. Payment plans for legal fees may be available, with terms confirmed at the consultation; see financing.

Bond representation at a glance

Who we represent
People detained by ICE, from the Lehigh Valley and across Pennsylvania and New Jersey, in immigration courts across the region; families are kept informed as the client authorizes.
Languages
English and Spanish.
Governing rules
INA § 236; 8 C.F.R. §§ 1236.1 and 1003.19.
Minimum bond
$1,500 under INA § 236(a)(2)(A); there is no statutory maximum.
Burden
The detained person must show they are not a danger and not a flight risk.
Appeal
To the Board of Immigration Appeals on Form EOIR-26, received within 30 calendar days under current EOIR guidance.
Federal court
Habeas corpus under 28 U.S.C. § 2241, in the district where the person is held.
Office
609 W. Hamilton Street, No. 102, Allentown, PA 18101 · (484) 763-4984

Information reviewed against official ICE, EOIR, eCFR, and U.S. Code sources and the firm's current case-law updates on September 25, 2026. This page provides general information, not legal advice; it does not evaluate a particular detention, predict a bond amount, promise release, or create an attorney-client relationship. Detention law is changing quickly, and the rule that applies depends on where the person is held.

Reviewed and updated

The statute · The evidence · The hearing

Send the A-number and the facility. Custody is the first thing we review.

Start with the person's full name, date and country of birth, the A-number if you have it, where they are held, any papers ICE gave them, and who can serve as sponsor.

English and Spanish · Allentown · Pennsylvania · New Jersey · New York · Representation where permitted