Bond redetermination: how to ask for a new or lower bond

This is information, not legal advice.

This guide explains the general rules. What they mean for your family member depends on their circumstances. Answer a few questions to check their situation.

The first request

An immigration judge can review ICE’s custody decision for most people in ICE custody, and can do it even before ICE has filed the Notice to Appear with the court (Practice Manual 8.3). There is no fee. A request should give:

• the person’s full name and A-number;
• the bond amount ICE set, or that ICE set no bond;
• the detention facility.

It goes to the immigration court for the place of detention (8 C.F.R. § 1003.19(c)). It can be made in writing, out loud at a hearing, or by checking the judge-review box on Form I-286. A sample is in sample motion for a bond hearing.

One detail that surprises families: a judge can also review the conditions of someone ICE has already released on bond, if the request is filed within seven days of release. That is the route for a bond ICE set too high that the family paid anyway.

Who cannot get one from an immigration judge

• People ICE treats as “arriving” at a port of entry, and people in mandatory detention under section 236(c). For the second group, the judge can still decide whether they belong in that category (a Joseph hearing).
• People with a final removal order.
• People in asylum-only proceedings. See bond in asylum-only proceedings.
• Since 2025, people who entered without inspection, in circuits that have not rejected ICE’s no-bond policy. See did ICE end bond hearings?

Asking again: materially changed circumstances

Once a judge or the Board of Immigration Appeals has ruled on bond, a new request must be in writing and show that circumstances have changed materially since the last decision (8 C.F.R. § 1003.19(e)). Changes that count:

• a criminal charge dismissed, reduced, or resolved with a short sentence;
• a new sponsor, or stable housing where there was none;
• a new application for relief filed, or a petition approved, such as an I-130;
• a serious medical condition, for the detained person or someone who depends on them;
• proof of what the family can actually pay, where the first amount ignored it;
• a long stretch in detention since the last hearing;
• a change in the law, such as a new circuit ruling on whether bond is available.

Restating the same facts with more letters is not a material change. Lead with what is new, and attach the proof.

Sample motion for a new bond redetermination

[Name], Respondent, pro se — A [000-000-000] — DETAINED at [facility]

IMMIGRATION COURT, [CITY, STATE]

RESPONDENT’S MOTION FOR SUBSEQUENT BOND REDETERMINATION

1. On [date], the Court [denied bond / set bond at $    ]. Respondent remains detained at [facility].

2. Respondent’s circumstances have changed materially since that decision, as 8 C.F.R. § 1003.19(e) requires: [state each change, with its date]. (Exhibits A–[ ].)

3. These changes bear directly on [danger / flight risk / ability to pay]: [one or two sentences tying each change to the factor].

4. Respondent asks the Court to [set bond at no more than $     / release Respondent on conditions].

Respectfully submitted, [Signature], [Date]

Certificate of service: I served a copy of this motion and its exhibits on DHS, Office of the Principal Legal Advisor, [address], by [method] on [date]. [Signature]

Other ways to change a bond

• Ask ICE directly. The field office can reconsider its own custody decision. It has no deadline and no hearing, and results vary by office, but it costs nothing to ask in writing.
• Appeal. The Board of Immigration Appeals reviews bond decisions if the appeal arrives within 30 days. It is slow, so many families pursue a new request at the same time.
• Ability to pay. In the Ninth Circuit (California, Arizona, Washington and the other western states), judges must consider what the family can afford and alternatives to money (Hernandez v. Sessions, 872 F.3d 976 (9th Cir. 2017)). Bring the proof.
• Federal habeas, when the immigration court has no power to help. See habeas corpus for ICE detention.

Questions people also ask

What is a bond redetermination hearing?

A hearing where an immigration judge reviews ICE’s custody decision and decides whether to set, lower, raise or deny bond. It is what people usually call a bond hearing.

Can you ask for a bond redetermination before the Notice to Appear is filed?

Yes. An immigration judge can hold a bond hearing for someone in ICE custody even if ICE has not yet filed the charging document with the court. Send the request to the court for the place of detention.

How many times can you ask for a bond redetermination?

There is no fixed limit, but after the first ruling each new request must be in writing and show that circumstances have changed materially since the last decision. Repeating the same facts will be denied.

What are the factors in a bond redetermination?

Whether release would be a danger to people or property, whether the person is likely to appear for future hearings, and whether they are a threat to national security. Judges weigh family ties, years here, a fixed address, work, record and immigration history.

Check if bond is open for them

Check your family member’s situation to see which release options may apply, what to do next, and which documents to gather.