7.1 - Bond Appeals Generally
In certain circumstances, a respondent detained by the Department of Homeland Security (DHS) can be released from custody. When a respondent 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, a respondent can request a bond redetermination without a formal motion, without paying a fee, and without the usual filing deadlines.