People locked in detention cannot access the internet, so this page is for their loved ones. When your loved one is placed in detention, one of your most urgent questions is how to get them out.
ICE Arrest and Custody Determination
After a person is arrested by Immigration and Customs Enforcement (ICE), an ICE officer will indicate on Form I-286 (Notice of Custody Determination) whether to release the person or keep them in detention. If ICE permits release, the officer will specify whether the release is subject to any conditions, like supervision. On the other hand, if ICE requires continued detention, the officer will set a bond amount or decide that the person should be detained with no bond.
ICE may overstep its authority in continuing to detain a person. For example, ICE may detain a person who should be released, set a bond amount too high, or deny bond when it should be granted.
Ruling Out Mandatory Detention
In some cases, the law requires continued detention with no bond. For example, bond is not available to people who qualify as “arriving aliens” under the regulations or to people who committed certain types of crimes. But in other cases, your loved one may be released on bond. If your loved one was detained without bond, an immigration lawyer should review the situation to assess that person’s options.
Challenging ICE’s determination
A detained person can challenge ICE’s determination in a bond hearing. Bond hearings take place in immigration court. The immigration court judge has the power to lower the bond amount, maintain it, or increase it. Because the judge can increase the bond amount, it can sometimes be risky to ask for a bond hearing. An immigration lawyer can help your loved one determine the best way to proceed.
At the bond hearing, the judge will decide whether the detained person is a danger to the community, a flight risk, or a threat to national security. The judge will weigh many different factors in making those decisions. An immigration lawyer can help put together the strongest case possible.
A person can be released from detention after their bond is paid. The bond may be returned after the proceedings end if the detained person follows the court’s instructions (this is true even if the court ultimately rules against the person in their removal case).
A Second Chance for Review
The judge may not have the last word at the bond hearing. Both the detained person and ICE can appeal the judge’s decision. If the detained person wants to appeal, they should reserve their right to do so at the bond hearing. The appeal must then be filed within 30 days of the bond hearing to the Board of Immigration Appeals. The person will remain in detention and their removal case will continue as normal while the appeal is pending.
An appeal may not be the only way to gain new results in a bond hearing. A person can request a second bond hearing if enough time passes or if circumstances change drastically. For example, a person facing serious health problems in detention may be able to request a second bond hearing.
Korngold Law Can Help
Korngold Law offers legal advice and representation to clients at the Tacoma Northwest Detention Center seeking bond hearings. The firm’s Owner and Managing Attorney, Miriam Korngold, will meet with the client, review the case, and advise on how to proceed. If requesting bond makes sense, Miriam will work with the client alongside their family and friends to gather evidence and fight for the client’s release from detention at the bond hearing. Miriam also represents clients at master and individual calendar hearings. Please contact Miriam to schedule a consultation with your friend or loved one in detention.