Immigration Detention Changes the Pace of a Case
A detained immigration case can move differently from a non-detained case. DHS is responsible for immigration detention and may transfer a person between detention facilities. Immigration Judges handle custody determinations only in circumstances where they have jurisdiction. That distinction matters because not every detained person is eligible for an Immigration Judge to set or reconsider bond.
Our office reviews the custody history, immigration record, Notice to Appear, prior orders, manner of entry, criminal history if any, and the location where the person is detained. We then evaluate the custody issue together with the underlying immigration case rather than treating detention as a separate paperwork problem.
Bond Hearings and Custody Redetermination
In cases where an Immigration Judge has bond jurisdiction, DHS generally makes the initial custody determination and the detained person may ask an Immigration Judge to reconsider it. Bond proceedings are separate from the underlying removal proceedings. The judge may consider whether the person presents a danger, is likely to appear for future proceedings, or presents a national-security concern.
Bond eligibility is highly case-specific. Certain categories of detained noncitizens are outside an Immigration Judge's bond jurisdiction, including some arriving aliens and people detained under particular statutory grounds. A family should not assume that a bond hearing is available simply because another detained person received one.
If possible, have the person's full legal name, date of birth, A-number, detention location, copies of immigration notices, prior court documents, and information about any criminal case ready when you contact the office.
What We Review in a Detained Immigration Case
- Whether the Immigration Court has jurisdiction to conduct a bond hearing
- The DHS custody determination and any bond amount already set
- Evidence relevant to appearance at future hearings and community ties
- Criminal arrests, charges and dispositions that may affect detention or immigration relief
- Prior removal proceedings, missed hearings or existing removal orders
- Pending asylum, family, VAWA or other immigration filings
- Available defenses and applications for relief in the underlying removal case
- Possible appeals involving a custody or removal decision
Detention and the Removal Case Are Not the Same Proceeding
A bond case addresses custody. The removal case determines whether the government can remove the person and whether relief from removal is available. Evidence submitted for a bond proceeding is not automatically treated as evidence in the removal case. Each proceeding has its own purpose and must be prepared accordingly.
If the person is also defending against removal, see our Deportation & Removal Defense page. Someone seeking protection from persecution may also need to evaluate asylum and related protection in the context of the court case.
Transfers Between ICE Detention Facilities
DHS may transfer detained people from one facility to another. Because the detention location can affect which Immigration Court handles a bond request, families should keep track of the current facility and A-number. EOIR's current policy states that a bond request for a detained respondent is ordinarily made to the Immigration Court with jurisdiction over the place of detention.
After an ICE Check-In or Unexpected Arrest
Detention sometimes follows an ICE reporting appointment or another encounter with immigration enforcement. The legal issues after detention depend on the person's individual history. Families should gather the immigration record quickly rather than relying on what happened in another person's case.
For practical background on reporting appointments, read our ICE check-in guide for asylum applicants.
Brooklyn Office, Detained Immigration Representation
Meyerovich & Associates P.C. is based in Brooklyn and assists immigration clients and their families in New York, New Jersey and Pennsylvania, as well as in federal immigration matters nationwide. The office works with clients who speak English, Russian, Ukrainian, Georgian, Tajik, Uzbek, Turkmen, Spanish, Chinese and other languages.