Sample motion for a bond hearing in immigration court

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 short version: a one-page request

The immigration court’s practice manual says a bond request should give the person’s full name and A-number, the bond amount DHS set, and the detention facility. That is all a first request needs. Copy this and fill in the brackets:

[Full name] — A-number [000-000-000] — DETAINED at [facility, city, state]

Request for Custody Redetermination Hearing

I ask the Immigration Court to schedule a bond hearing for me as soon as possible. ICE set [no bond / a bond of $    ] on [date]. I ask the Court to [set / lower] my bond.

Signature: ________   Date: ________

Certificate of service. I served a copy of this request on DHS, Office of the Principal Legal Advisor, [address], by [mail / hand delivery / facility mail] on [date]. Signature: ________

Attach a copy of the Notice to Appear if you have one. Send it to the immigration court that covers the facility. The address is on EOIR’s immigration court list. The detained person can also simply ask out loud at their first hearing, or check the judge-review box on the Form I-286 ICE gave them.

The full motion

A full motion does three things the short request does not. It tells the judge why the court has the power to set bond, why the person is neither a danger nor a flight risk, and what amount the family can actually pay. Use the same caption at the top of every page you file.

[Respondent’s name], Respondent, pro se
[Facility name and address]

DETAINED

UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT, [CITY, STATE]

In the Matter of: [Name]    File No.: A [000-000-000]    In custody redetermination proceedings

RESPONDENT’S MOTION FOR CUSTODY REDETERMINATION

1. Request. Respondent asks the Court to release [them] on a bond of no more than $[amount], or on conditions, under INA § 236(a), 8 U.S.C. § 1226(a), and 8 C.F.R. § 1003.19.

2. Facts. Respondent is a [age]-year-old citizen of [country] who has lived in the United States since [year]. ICE arrested Respondent on [date] at [place] and has detained [them] at [facility] since then. ICE [set bond at $   / denied bond] on Form I-286.

3. The Court has jurisdiction. Respondent is detained under INA § 236(a). Respondent is not subject to mandatory detention under INA § 236(c) and has no final order of removal. [If the person entered without inspection, add: Respondent is detained within the [__] Circuit, which has held that people in Respondent’s position are detained under § 236(a), not § 235(b)(2)(A). [Case name and citation.] That holding binds this Court.]

4. Respondent is not a danger. [No criminal record. / Describe each arrest and its final outcome, with dates. Attach the court records.]

5. Respondent is not a flight risk. Respondent will live with [sponsor’s name], [their relationship], at [street address] (Tab B). Respondent has [U.S. citizen children / spouse / parents] here (Tab C), has worked at [employer] since [year] (Tab D), and [has always attended court / has never missed a hearing]. Respondent intends to pursue [asylum / cancellation of removal / a family petition] (Tab E), which gives [them] every reason to appear.

6. Amount. Respondent’s family can pay no more than $[amount] (Tab F). Respondent asks the Court to consider ability to pay and conditions of release in setting any bond.

7. Conclusion. Respondent asks the Court to set bond at no more than $[amount], or to release Respondent on conditions.

Respectfully submitted, [Signature] [Name], Respondent, [Date]

Use “they” or the person’s name throughout. In paragraph 3, include the circuit sentence only if ICE treats the person as having entered without inspection. Which circuits have ruled is kept current in can a detained person ask for a bond hearing?

The exhibit packet

Put an index on top listing every exhibit with a tab letter and page numbers, then each exhibit behind its tab. A packet that works in most bond cases:

• Tab A. The bond worksheet, filled in.
• Tab B. Sponsor letter, with the sponsor’s ID and a utility bill or lease showing the address. Proof of citizenship or a green card helps if the sponsor has one; it is not required.
• Tab C. Family ties: birth certificates of children, a marriage certificate, proof of relatives’ status.
• Tab D. Work and taxes: employer letter with wage and start date, pay stubs, tax returns.
• Tab E. The case to stay: a filed or ready asylum application, a pending I-130 receipt, anything that shows relief is available.
• Tab F. Ability to pay: the family’s income and what they can raise.
• Tab G. Character letters from employers, clergy, teachers and neighbors, each with a copy of the writer’s ID.
• Tab H. Court records showing the final outcome of every arrest, if there is any.

The same packet with a different index works for a later request on changed circumstances. Add a tab that proves what changed.

Formatting the court checks for

• Mark DETAINED at the top of the cover page. Detained cases move on a faster track.
• Number every page, including exhibits, and match the numbers to the index.
• Every document not in English needs a complete English translation and a signed translator’s certificate saying the translator is competent and the translation is accurate (8 C.F.R. § 1003.33).
• File the original with the court and serve one full copy on the government lawyer. Sign a certificate of service saying how and when. Keep a third copy.
• Bond has its own file, separate from the deportation case. Anything already filed in the deportation case has to be filed again with the bond request if you want the judge to consider it.
• If the detained person files from inside the facility, they can hand it to staff for legal mail. Ask the facility how.

Two mistakes that cost families the hearing

• Asking before the evidence exists. A first bond hearing is the one with no “changed circumstances” hurdle. Ask early, but have the sponsor letter and proof of address ready. If the date comes too soon, ask the judge for a short postponement.
• Leaving out the bad facts. The government will bring up any arrest. A motion that explains it first, with the record of how it ended, reads far better than one that is silent.

Questions people also ask

Is there a fee to file a motion for a bond hearing?

No. The immigration court charges nothing to request a bond hearing.

Who signs the motion if the detained person has no lawyer?

The detained person signs it themselves, as the respondent. A family member can prepare it and gather the exhibits, but the respondent is the one asking the court.

Where do I send it?

To the immigration court with jurisdiction over the facility where the person is held, with a copy to the government lawyers at ICE’s Office of the Principal Legal Advisor for that court. The court’s address is on EOIR’s immigration court list.

What if the evidence is not ready when the hearing is set?

The detained person can ask the judge for a short postponement to finish gathering letters and documents. Usually there is one real chance at bond, so it is worth a few more days.

Check if bond is open before you file

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