I’ve been Detained, am I Eligible for Bond?
On July 8th, the Department of Homeland Security issued a memo eliminating ICE bonds for detained immigrants, including asylum seekers. This controversial order was challenged by many attorneys because a number of detentions were unwarranted.
The memo issued earlier this year references INA § 235(b), claiming no eligibility for bond hearings under INA § 236(a). However, this interpretation can not be applied to everyone who is detained; some individuals are considered removable under other sections and therefore are not subject to the restraints described in INA § 235(b).
The attorney general published a landmark precedent to clarify this distinction in future cases.
In the decision, known as Matter of Akhmedov, the alien is eligible for bond redetermination because the Board of Immigration highlighted that the memo applies to those removable under INA § 235(b), and he was ordered detained under INA § 236(a).
These aliens are eligible for a bond if they meet certain qualifications.
An Immigration Judge will determine whether or not they receive a bond based on these factors:
1) Are they a danger to the people or property?
2) Are they a threat to national security?
3) If given a bond, will they flee? The decision also hinted at how strict the guidelines will be.
The applicant was ultimately denied his request for a bond because he was unable to completely demonstrate that he was not a flight risk. His conflicting address history reports were the reason the board determined him to be a flight risk. If given a bond, they were not completely convinced he would return. In this case, he did not keep his address up to date when he moved, and this ultimately led to his bond denial.
Despite his denial of bond, this decision has emphasized some sections of the law. Though it has not changed, it solidifies the legitimacy of INA § 236(a) and other sections, which do not require mandatory detention without bond as outlined in INA § 235(b)— as referenced in the July memo. One of the major takeaways from this case is the importance of having up-to-date information filed.
Although there are no restrictions on whether or not you can move, this case serves as an example that a failure to report changes may lead to a denial of bond.
How do I know which applies to me?
If you were issued a Form I-286 (Notice of Custody Determination), it will state which section you are being detained under. INA § 236(a) typically applies to deportable aliens who have already been admitted into the US and are currently in removal proceedings. INA § 235(b) is the expedited removal, and applies to those who arrived without being admitted or arriving aliens who are undocumented.
Arriving aliens include people seeking asylum, and will be detained awaiting their interview to prove credible fear. Asylum seekers from within the US may be subject to INA § 236(a) instead.
If you are unsure of which category you fall under or think you may be eligible for a bond hearing, it’s best to contact a legal attorney for advice and support to help battle your case.
