7.1 - Bond Appeals Generally

In certain circumstances, an alien detained by the Department of Homeland Security (DHS) can be released from custody. When an alien asks an Immigration Judge to review a DHS custody decision, it is called a “bond redetermination.” Appeals from custody decisions are commonly called “bond appeals.” Bond proceedings are separate from removal proceedings. See generally 8 C.F.R. §§ 1003.19, 1236.1.

Bond proceedings differ procedurally from other immigration proceedings. For example, an alien can request a bond redetermination without a formal motion, without paying a fee, and without the usual filing deadlines.