Immigration bond & ICE detention
Immigration Bond Lawyer — a Former Immigration Judge for Bond Hearings and ICE Detention
When ICE detains someone you love, the first question is how to get them home while the case goes on. For many people the answer is an immigration bond, set by ICE or by an immigration judge at a bond hearing. For others the law allows no bond at all, and the way out runs through a different door. Carlos Maury, a former U.S. Immigration Judge who heard cases at the Van Nuys Immigration Court, and before that served as government immigration counsel, handles bond and detention cases in English and Spanish.
Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case.
Why a former immigration judge
A bond hearing is short, and it is decided on the record the judge has in front of them that day. The judge must decide whether the detained person is a danger to the community and, if not, whether they are likely to appear for every future hearing. A Department of Homeland Security (DHS) attorney may argue for a high bond or none at all.
Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015. As a judge, he decided roughly six hundred asylum cases on their merits in recent years (TRAC judge report (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement (ICE) in Los Angeles, rising to deputy chief counsel, the side of the courtroom that takes the government's position on custody.
That experience shapes how we prepare a bond case: we build the file the way a judge reads it, answer the government's concerns before they are raised, and check first whether the person is really in a category the law holds without bond. None of this can promise a particular outcome; every case turns on its own facts and the law.
What we handle
We handle custody from the day of the arrest to release, and the removal case that continues afterward. Our guide to immigration bond hearings and our guide to immigration detention explain the law in detail. For how release on bond differs from release on parole, see our immigration bond vs. parole comparison.
- Bond requests to ICE. Asking the ICE officer for release, or for a lower bond, right after the arrest.
- Bond hearings. A request to the immigration judge to set or lower bond, with the evidence the judge needs. See what happens at a bond hearing.
- Mandatory detention challenges. A Joseph hearing on whether the person truly falls into a no-bond category. See who is eligible for bond.
- Renewed bond requests. A new request when circumstances have changed materially since the last decision.
- Bond appeals. Appeals of a bond decision to the Board of Immigration Appeals, by the detained person or answering one filed by DHS.
- Parole and other release. Requests to ICE for parole or release on conditions where a judge cannot set bond.
- The detained removal case. Asylum, cancellation of removal and other defenses on the fast detained docket. See our deportation defense lawyer page.
- Coordination with federal counsel. Where the only route to a bond hearing is a habeas corpus petition in federal court, we work with the federal case.
If a loved one was just detained
The first days decide a great deal. Families can do several things right away:
- Find where they are held. Use the ICE Online Detainee Locator System (opens in new tab). You will need the person's A-number (Alien Registration Number), or their full name and country of birth. A new arrest can take a day or more to appear.
- Do not sign papers you do not understand. Some documents give up the right to see a judge or agree to leave the country. The detained person can ask to speak with a lawyer first. See also your rights if ICE comes to your door.
- Write down what happened. When and where the arrest took place, what officers said, and any papers the person was handed.
- Gather documents. Identity documents, any immigration papers, and proof of ties: a lease or mortgage, tax returns, pay stubs, birth certificates of U.S. citizen children, school records, and letters from employers, clergy and neighbors.
- Collect court and police records. Any arrest, charge or conviction matters for bond, even an old one. Certified dispositions help the judge see what really happened.
- Call a lawyer. Detained cases move fast, and some options disappear if they are not used early.
How immigration bond works
The power to hold someone while the government decides whether to deport them comes from 8 U.S.C. § 1226(a) (opens in new tab) (INA § 236(a)). Under that section the government may keep the person detained, or release them on a bond of at least 1,500 dollars or on conditional parole. The minimum is a floor; the actual amount is set case by case. Release on bond does not by itself give permission to work, and the government can revoke a bond and re-arrest the person.
There are two decision-makers. ICE decides first: an ICE officer may release the person if they show that release would not pose a danger to property or persons and that they are likely to appear for any future proceeding (8 C.F.R. § 236.1(c)(8) (opens in new tab)). If ICE denies release or sets a bond the family cannot pay, the detained person can ask an immigration judge to review it, a custody redetermination, at any time before a removal order becomes final (8 C.F.R. § 1236.1(d)(1) (opens in new tab)).
What happens at a bond hearing
A bond hearing is separate from the deportation case itself: by regulation it forms no part of the removal hearing (8 C.F.R. § 1003.19(d) (opens in new tab)). The request can be made orally, in writing or, if the judge allows, by telephone; the Immigration Court Practice Manual explains that requests are ordinarily made in writing and what to file (EOIR Policy Manual, chapter 8.3 (opens in new tab)).
The detained person carries the burden. The judge first decides whether the person is a danger to the community; only if they are not does the judge consider flight risk and set an amount. The factors the Board of Immigration Appeals has listed include:
- a fixed address in the United States;
- how long the person has lived here, and their family ties;
- their employment history;
- their record of appearing in court;
- their criminal record, including how recent and serious it is;
- their history of immigration violations; and
- the manner of entry to the United States.
In practice, a bond case is built on evidence of a stable home, close family (especially U.S. citizen or permanent resident relatives), steady work, community letters, a record of showing up for court and check-ins, and a possible defense in the removal case. A sponsor who will house the person and help them attend court also matters. If bond is denied, a later request needs a showing that circumstances have changed materially (§ 1003.19(e)). Our printable immigration bond document checklist lists what the official sources ask for, including the ID ICE requires from the person posting the bond.
Who can get bond, and who cannot
Bond is available only to people held under § 1226(a). Several groups are held under other provisions that do not let an immigration judge set bond:
- Mandatory detention. People inadmissible or deportable on listed criminal or terrorism grounds are held under § 1226(c), and since January 29, 2025 the Laken Riley Act adds some people who entered without inspection and were charged with or arrested for certain offenses, such as theft or burglary. A judge cannot set their bond, but can decide in a Joseph hearing whether they really fall into the category. See our criminal immigration lawyer page.
- Arriving aliens. People stopped at a port of entry cannot get bond from an immigration judge (§ 1003.19(h)); release, if any, is by ICE parole.
- Expedited removal after credible fear. People who passed a credible fear interview in expedited removal are generally held without bond unless DHS grants parole. See our asylum lawyer page.
- People with a final removal order. They are held under a different statute, 8 U.S.C. § 1231, with its own rules. See immigration detention.
People who entered without inspection
The biggest change in decades concerns people who entered the United States without inspection and were later arrested inside the country. In Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025) (opens in new tab), the Board held that immigration judges lack authority to hear their bond requests, and the judges follow that precedent. As of late September 2026, nine federal courts of appeals, including the Ninth Circuit, which covers California, had rejected that reading, while the Fifth and Eighth Circuits sided with the government. On October 1, 2026 the Supreme Court granted review in Rhoney v. Barbosa da Cunha, No. 26-104 (opens in new tab), the government's appeal from the Second Circuit, but it has not yet ruled. Until it does, where the person is detained matters: in those nine circuits, a habeas petition in federal district court can lead to a bond hearing. Our bond guide shows where each circuit stands.
How bond is paid and returned
Bond set by ICE or by a judge is paid to ICE, not to the court. According to ICE's bonds page (opens in new tab):
- Who can pay. A U.S. citizen or lawful permanent resident with accepted identification can post a delivery bond as the obligor. Law firms and non-profit organizations can also post bonds. The detained person cannot post their own delivery bond.
- How to pay. Bonds are posted through ICE's online system, CeBONDS (opens in new tab), by bank transfer, on weekdays during the hours ICE lists, excluding federal holidays. In-person payment is handled case by case.
- Bond companies. Someone without bank access can use a surety bond company certified by the Treasury Department. Money paid to a bond company is generally not returned.
- Getting the money back. When the case ends and every condition was met, ICE cancels the bond and refunds a cash bond to the obligor. If the person misses a hearing or an ICE appointment, the bond can be declared breached and the money lost.
The obligor must keep ICE informed of address changes and help make sure the released person attends every hearing and ICE appointment.
After release
Release does not end the case. The removal case continues, usually moved to a non-detained court's docket, and the person must attend every hearing and comply with any ICE conditions, such as check-ins or electronic monitoring. Missing a hearing can lead to an order of removal in absentia and the loss of the bond. We prepare the defense in the removal case from the start, so the work done for the bond hearing also builds the case for staying. See our deportation defense lawyer page and the removal defense guide.
Serving Los Angeles & Southern California
Our office is in Van Nuys, in the San Fernando Valley, close to the Van Nuys immigration court where Carlos Maury once heard cases. People arrested by ICE in the Los Angeles area are often held at the Adelanto ICE Processing Center or the Desert View Annex in the High Desert, and their cases are heard at the Adelanto Immigration Court, which handles detained cases. After release, the case usually moves to a non-detained court near the person's home. We regularly handle cases in the Southern California immigration courts:
- Los Angeles Immigration Court
- West LA Immigration Court
- Van Nuys Immigration Court
- Santa Ana Immigration Court
- Adelanto Immigration Court
- San Diego Immigration Court
- Otay Mesa Immigration Court
- Imperial Immigration Court
See all Los Angeles-area immigration courts and our Los Angeles ICE arrest guide. The ICE Los Angeles Field Office is listed on ICE's field office directory (opens in new tab).
Our page on the Southern California immigration courts covers all eight court locations, including the border courts in San Diego, Otay Mesa and Imperial.
Immigration law is federal, so we represent detained clients across the country. We appear in immigration courts in all 50 states, in person or by video where the court allows. Find your court among all 77 immigration courts. Meetings at the Van Nuys office are by appointment only.
Carlos Maury is licensed in Florida. Practice limited to federal immigration law; we represent clients in all 50 states.
Mistakes that can hurt a bond case
- Signing without advice. A stipulated removal order or voluntary departure paper can end the case before it starts.
- Going to the hearing without evidence. A judge decides on the record; a family's word alone rarely carries the hearing.
- Hiding an arrest. The judge and DHS will see the record. An honest explanation with court papers is far better than a surprise.
- Assuming no bond is possible. Whether a person truly falls into mandatory detention is often contestable.
- Missing a hearing after release. It can bring a removal order in absentia and the loss of the bond.
- Letting a notario handle it. A "notario" is not a lawyer and cannot represent anyone in immigration court.
About Carlos Maury
Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015 (EOIR announcement (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement in Los Angeles, rising to deputy chief counsel. Before that he was district counsel for the former Immigration and Naturalization Service in Miami from 2000 to 2002, and an assistant public defender in Florida's Eleventh Judicial Circuit from 1993 to 2000.
He earned his J.D. from the University of Miami School of Law in 1992 and his B.A. from City College of the City University of New York in 1989. He is a member of The Florida Bar (No. 964239) and works with clients in English and Spanish. Read more about Carlos Maury.
Frequently asked questions
How do I get someone out of ICE detention?
First find where they are held with the ICE Online Detainee Locator. Then, if the law allows bond, ask ICE for release or a lower bond, and ask an immigration judge for a bond hearing. Where a judge cannot set bond, the options are ICE parole, a mandatory-detention challenge or, in some cases, a federal habeas petition.
What is an immigration bond hearing?
It is a hearing where an immigration judge decides whether a detained person may be released and on what bond. It is separate from the deportation case. The judge first asks whether the person is a danger to the community, then whether they are likely to appear for future hearings.
How is the bond amount decided?
The law sets a minimum of 1,500 dollars and no maximum. ICE or the judge sets the amount case by case, based mainly on flight risk: a fixed address, family ties, work history, the record of appearing in court, criminal and immigration history, and how the person entered.
Who can pay an immigration bond, and how?
A U.S. citizen or lawful permanent resident with accepted identification can post a delivery bond through ICE's online CeBONDS system by bank transfer. Law firms and non-profits can post bonds too. The detained person cannot post their own bond. ICE's bonds page lists the details.
Do we get the bond money back?
Yes, if the person attends every hearing and ICE appointment and meets the conditions. When the case ends, ICE cancels the bond and refunds a cash bond to the person who posted it. If the person fails to appear, the bond can be breached and the money lost.
Can someone who entered without inspection get a bond hearing?
Not from an immigration judge under Matter of Yajure Hurtado (BIA 2025). But as of late September 2026, nine federal courts of appeals, including the Ninth Circuit for California, had rejected that reading, so in those circuits a federal habeas petition can lead to a bond hearing.
What is mandatory detention?
Detention the law requires for people with certain criminal or terrorism-related grounds, and since 2025 for some people who entered without inspection and were charged with or arrested for listed offenses. A judge cannot set bond for them, but can decide in a Joseph hearing whether they really fall into the category.
Where are people arrested by ICE in Los Angeles held?
Many are held at the Adelanto ICE Processing Center or the Desert View Annex, and their cases are heard at the Adelanto Immigration Court. Check the ICE Online Detainee Locator for the person's current location, because people can be moved.
Can Carlos Maury influence the judge deciding bond?
No. Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case. What he offers is preparation and experience, not access.
What should I have ready when I call?
Have the person's full name, date of birth, country of birth and A-number if known, where they are held, any papers they were given, and any arrest or court records. Carlos Maury speaks English and Spanish.
Talk with a former immigration judge about bond
If a family member has been detained by ICE, the facts that decide bond, such as how they entered, any arrests and where they are held, need to be looked at quickly. Call to discuss the case. Hablamos español.