If you or a loved one is detained by immigration authorities, you may hear about both a bond hearing and an immigration court hearing. Although both may take place before an Immigration Judge, they have very different purposes and timelines.
The simplest way to understand the difference is this: A bond hearing determines whether a detained person can be released from immigration custody while their case is pending. The immigration court case determines whether the person can remain in the United States.
What is an Immigration Bond Hearing?
A bond hearing focuses only on whether a person should remain detained while their immigration case moves forward. In certain cases, a person detained by the Department of Homeland Security (DHS) can ask an Immigration Judge to grant or reconsider bond. At the hearing, the judge must consider whether the person is eligible for bond. Then, the judge will consider whether they present a danger to the community and whether they are likely to appear for future court hearings.
In weighing the risks of releasing a person from detention, a judge will look at a person’s ties to the United States, their eligibility for relief from removal, their support from the community, and their character. However, not everyone in immigration detention is eligible for a bond hearing. Eligibility depends on a person’s immigration history, manner of entry, and criminal history.
If the judge grants bond and the required amount is paid, the person may be released from immigration custody. However, being released on bond does not end or resolve the immigration case. Upon release, the person will be required to regularly check in with Immigration and Customs Enforcement (ICE), and they may be required to wear an ankle monitor while their case is pending. These measures ensure a person will continue attending immigration court while they pursue any available defenses or applications for relief.
What is an Immigration Court Hearing?
The main immigration court case is separate from the bond case. These proceedings address whether the person is removable from the United States and whether they qualify for immigration relief that would allow them to stay.
There are generally two important types of hearings: Master Calendar Hearing: This is usually a shorter, procedural hearing. The Immigration Judge may review the charges against the person, ask what type of immigration relief they plan to seek, set filing deadlines, and schedule future hearings.
Individual Hearing: Also called a merits hearing, this is generally the more detailed hearing where the judge considers testimony, documents, witnesses, and legal arguments. For example, someone applying for asylum may testify about why they are afraid to return to their home country. After considering the evidence, the Immigration Judge may issue a decision that will determine whether a person can stay in the United States.
How Are the Hearings Different in Timing?
Bond hearings are generally handled more quickly because the person is being held in immigration detention. When an eligible detained person requests a bond hearing, the immigration court generally schedules it for the earliest possible date.
The underlying immigration case often takes much longer. A person may have one or more Master Calendar Hearings, scheduling and evidentiary deadlines, and years of waiting before eventually having an Individual Hearing. However, the timeline for scheduling an Individual Hearing may vary depending on whether the person is detained or not. Similar to scheduling a bond hearing, an individual hearing may be scheduled more quickly for a person in detention.
This means a person may have a bond hearing early in the process, be released after posting bond, and then continue fighting their immigration case outside of detention for months or longer.
Are the Two Cases Connected?
Although they involve the same person, bond proceedings and removal proceedings are legally separate. Evidence used in both hearings may be helpful for different purposes, but evidence for a bond hearing does not automatically become part of the person’s main immigration court case. Similarly, winning bond does not mean that the person has won their immigration case.
An easy way to remember the difference is:
- Bond hearing: “Can I be released from detention while my case continues?”
- Immigration court hearing: “Can I remain legally in the United States?”
Understanding which type of hearing is coming up is important because each requires different preparation and serves a different purpose.
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If you have questions regarding Immigration Bond or Court Hearings, contact Richards and Jurusik for detailed guidance and assistance. Our immigration lawyers have decades of experience helping people work and live in the United States. Read some of our hundreds of five-star client reviews, or contact us today to discuss your legal situation.
SIANA J.MCLEAN is a Partner at Richards and Jurusik, who practices immigration law with a focus on asylum, removal defense, and immigration court matters. She has extensive experience representing clients before U.S. Immigration Courts and the Board of Immigration Appeals. (Full Bio)
