Perhaps the most stressful of immigration cases are those where a loved one has been detained by U.S. Immigration and Customs Enforcement ("ICE"). The inevitable first question I hear is: "Can we get a bond hearing?" The person is needed back at work or at home. Unfortunately, the answer to this question is not always "yes." This is why I wanted to help update an article published by Nolo Press on ICE detention generally, and to answer the question: Can you get a bond hearing? And, if not, what are your other options?
ICE detention authority is limited to what the Immigration and Nationality Act (as amended) and related regulations allow ICE to do. ICE detention and the availability of bond hearings are some of THE MOST complex and dynamic areas of immigration law. In addition, the answer to these questions can also depend on where someone is detained (because Circuit Courts of Appeal across the United States have made different rulings). If you or a loved one is detained, please reach out to a trusted immigration attorney.
