After an individual has been detained due to violations of immigration laws, the immigration officers have 48 hours to make a decision whether to initiate removal proceedings against the individual. They also have to make a decision whether to detain the individual or release him on bond.
Some individuals are not eligible for bond, and they will remain in custody for the duration of the removal proceedings. The most common situations where an individual won’t be granted a bond include (1) individuals with prior removal orders, or (2) individuals with criminal history.
When an individual is detained with no bond, he can request a bond hearing. The hearing is held within a few days after the request is made. At the hearing, the judge considers all the evidence presented by the detainee and makes a decision whether to set bond or not. Some of the most common factors taken into consideration in deciding bond are (1) family ties, (2) ties to the community, (3) employment history, (4) the way the individual entered the U.S., (5) length of residence in the U.S., (6) prior criminal record, (7) ability to post bond.
If bond is granted, and the individual posts the bond, he will usually be released within 24 hours. If the bond is denied, or the amount is excessive, the judge’s decision may be appealed