Printable checklist · Bond hearings
Immigration bond document checklist
What to gather for a bond hearing before an immigration judge, and what the person posting the bond needs to show ICE. Each item notes the regulation, Practice Manual section or ICE page it comes from.
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This is a printable checklist. To print it, use your browser's Print command (Ctrl+P, or Command+P on a Mac). Tick each box as you gather the document. No official form lists the documents for a bond hearing: the immigration judge may base the decision on any information the judge has or that either side presents (8 CFR 1003.19(d)). The groups below follow the EOIR Immigration Court Practice Manual, chapter 8.3 (Bond Proceedings) and the factors the Board of Immigration Appeals listed in Matter of Guerra, 24 I&N Dec. 37 (BIA 2006).
First: is a bond hearing available?
A detained person may ask an immigration judge to review ICE's custody decision at any time before a removal order becomes final (8 CFR 1236.1(d)(1)). But who may get a bond hearing at all is contested right now, and the question is before the U.S. Supreme Court. It depends on the person's case, so have it reviewed before gathering papers; see our immigration bond lawyer page and our explainer on immigration bond vs. parole.
The bond request itself
A bond request can be made orally or in writing (8 CFR 1003.19(b)). If it is in writing, the documents go in with it; otherwise they are filed in open court (Practice Manual 8.3(e)).
- The detained person's full name and A-number (alien registration number) — Practice Manual 8.3(c), contents of a bond request.
- The bond amount set by ICE, if any, and the name and location of the detention facility — Practice Manual 8.3(c). ICE's Online Detainee Locator shows where a person is held; the request goes to the immigration court with jurisdiction over that place.
- A written request for a bond hearing — required in writing for any later request after a judge or the Board has already ruled, together with proof that circumstances have changed materially (8 CFR 1003.19(e); Practice Manual 8.3(c)).
- Proof of service on DHS — Practice Manual 2.2: a Proof of Service is required for filings not served on the other side during a hearing.
- Copies of any documents already filed in the removal case that you want considered — Practice Manual 8.3(e)(5): the bond record is kept separate, so those documents must be filed again.
Identity and a fixed address
Guerra lets the judge consider whether the person has a fixed address in the United States and how long they have lived here.
- Identity document of the detained person (passport, national identity card or birth certificate) — supports the information in the request; ask your attorney which ones to file.
- Proof of the address where the person will live (lease, deed or mortgage statement, utility bills) — Guerra factor 1, a fixed address.
- Signed letter from the sponsor who will house the person, with a copy of the sponsor's ID and proof of the sponsor's status (U.S. passport, naturalization certificate or green card) — supports the fixed address and the likelihood of appearing in court.
- Records showing how long the person has lived in the United States (old leases, school records, tax returns) — Guerra factor 2, length of residence.
Family ties, work and community
- Birth certificates of children and the marriage certificate — Guerra factor 3, family ties in the United States.
- Proof of the relatives' status (U.S. passport, birth or naturalization certificate, green card) — factor 3 also asks whether those ties may let the person live here permanently in the future.
- Any pending or approved immigration filing (for example a USCIS receipt or approval notice for a Form I-130 relative petition) — same factor 3, a possible path to permanent status.
- Employment records (employer letter, recent pay stubs) — Guerra factor 4, employment history.
- Tax returns or IRS tax transcripts — employment history and length of residence (factors 2 and 4).
- Letters from family, employers, clergy and community members, signed and with the writer's contact details — go to whether release would pose a danger and whether the person is likely to appear (Practice Manual 8.3(e)).
Criminal and immigration history
Guerra lets the judge weigh the criminal record (how extensive, how recent and how serious), immigration violations, any attempt to flee, and the manner of entry. The judge may also consider arrests and charges that did not lead to a conviction.
- Certified court dispositions for every arrest or charge, including dismissals — Practice Manual 2.3(f) asks that criminal records come with a criminal history chart and all pertinent arrest and conviction records.
- Proof of completed sentences, probation, classes or treatment (rehabilitation) — speaks to the recency and seriousness of any record (Guerra factor 6) and to danger.
- Record of attending court and ICE check-ins (hearing notices, check-in records) — Guerra factor 5, record of appearance.
- Prior immigration papers (visa, entry stamp or I-94 record, any earlier order or application) — Guerra factors 7 and 9, immigration violations and manner of entry.
For the person who posts the bond (the obligor)
Bond is paid to ICE, not to the court. According to ICE's Bonds page, U.S. citizens, lawful permanent residents, law firms and nonprofit organizations can post a delivery bond online through ICE's CeBONDS system; the same page says a detained person can post only a voluntary departure bond or an order of supervision bond on their own behalf.
- The detained person's full name and A-number — ICE's Bonds page: CeBONDS finds the person by name and alien number.
- U.S. citizen obligor: one ID (U.S. passport, U.S. birth certificate, U.S. citizen born abroad document, USCIS naturalization certificate, REAL ID driver's license or state ID card, or military ID) — ICE's Bonds page.
- Permanent resident obligor: Permanent Resident Card (green card) or military ID — ICE's Bonds page.
- Law firm or nonprofit obligor: IRS SS-4 EIN notice, a letter authorizing the representative, the representative's ID, and for a nonprofit IRS Letter 947 — ICE's Bonds page.
- A bank account for the transfer — ICE's Bonds page: payment is by Fedwire or ACH. ICE may work case by case with obligors who want to pay in person at an ICE office.
- Your copy of the bond agreement, Form I-352, Immigration Bond — a contract between the obligor and ICE; keep it with your records.
- Form I-333, Obligor Change of Address — to tell ICE of a new mailing address. ICE may send a Form I-340 notice to deliver the released person, and when the bond conditions are met it issues Form I-391, the bond cancellation notice.
Translations, copies and originals
- A certified English translation of every foreign-language document — 8 CFR 1003.33: an English translation and a certification signed by the translator that they are competent and the translation is true and accurate (eCFR; Practice Manual 2.3(a)). Papers later sent to USCIS follow a similar rule, 8 CFR 103.2(b)(3).
- Photocopies to file and serve, originals kept safe — Practice Manual 2.3(d)(3): photocopies, not originals, are filed with the court and served on DHS; in the removal case the originals must be brought to individual hearings and made available to DHS (Practice Manual 2.3).
Before you file
Rules and official pages change. Check the current Practice Manual chapter and the ICE Bonds page on the official sites before you file or pay, and have an attorney review the packet: which documents help, and which could hurt, depends on the facts of the case.
Frequently asked questions
Is there an official list of documents for a bond hearing?
No form lists them. Under 8 CFR 1003.19(d) the judge may rely on any information available or presented by either side. The Practice Manual, chapter 8.3, says what a bond request should state, and Matter of Guerra lists the factors a judge may weigh, such as a fixed address, family ties, work history and criminal record.
Do I have to file the documents again if they are already in the removal case?
Yes, if you want the judge to consider them for bond. The Practice Manual, 8.3(e)(5), says the bond record is kept separate, so documents already filed in removal proceedings must be resubmitted.
Do documents in Spanish need a translation?
Yes. Under 8 CFR 1003.33, any foreign-language document offered in immigration court must come with an English translation and a certification signed by the translator stating they are competent and the translation is true and accurate.
Who can post an immigration bond?
According to ICE's Bonds page, U.S. citizens, lawful permanent residents, law firms and nonprofit organizations can post a delivery bond through CeBONDS. ICE says a detained person can post only a voluntary departure bond or an order of supervision bond on their own behalf.
What ID does a U.S. citizen need to post a bond?
ICE's Bonds page lists a U.S. passport, U.S. birth certificate, U.S. citizen born abroad document, USCIS naturalization certificate, REAL ID driver's license or state ID card, or a military ID. A permanent resident uses a green card or military ID.
Can every detained person get a bond hearing?
Not necessarily. Who may get a bond hearing is contested and is before the U.S. Supreme Court, and it depends on the facts of each case. Have the case reviewed before gathering documents.
Official sources
- 8 CFR 1003.19, Custody/bond — eCFR
- 8 CFR 1236.1, Apprehension, custody and detention — eCFR
- Immigration Court Practice Manual 8.3, Bond Proceedings — EOIR
- Immigration Court Practice Manual 2.3, Documents — EOIR
- Matter of Guerra, 24 I&N Dec. 37 (BIA 2006) — EOIR
- 8 CFR 1003.33, Translation of documents — eCFR
- Bonds — U.S. Immigration and Customs Enforcement