MOTION FOR BOND REDETERMINATION

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION COURT

Location: [CITY, STATE]

MOTION FOR BOND REDETERMINATION

TO THE HONORABLE IMMIGRATION JUDGE:

Respondent, [RESPONDENT NAME], by and through undersigned counsel, respectfully moves this Court for a redetermination of bond pursuant to 8 CFR § 1003.19 and requests that bond be set at a reasonable amount, or in the alternative, that Respondent be released on his/her own recognizance. In support of this Motion, Respondent states as follows:

I. PROCEDURAL BACKGROUND

1. Respondent is a native and citizen of [COUNTRY].

2. Respondent was taken into custody by the Department of Homeland Security ("DHS") on [DATE OF DETENTION].

3. Respondent is currently detained at [NAME OF DETENTION FACILITY], located at [ADDRESS].

4. On [DATE], DHS set bond at $[AMOUNT] / DHS determined that Respondent should be held without bond.

5. ☐ This is Respondent's initial request for a bond redetermination.
   ☐ This is a subsequent request for bond redetermination based on materially changed circumstances as described below.

6. Respondent's next master calendar hearing is scheduled for [DATE] at [TIME].

II. STATEMENT OF FACTS

A. Immigration History

[PROVIDE DETAILED IMMIGRATION HISTORY, INCLUDING:]

• Date of entry into the United States: [DATE]
• Manner of entry: [DESCRIBE]
• Immigration status at entry: [VISA TYPE/EWI]
• Previous immigration applications filed: [LIST]
• Previous removal orders: [IF ANY]
• Previous encounters with immigration authorities: [IF ANY]

B. Personal Background

[PROVIDE PERSONAL BACKGROUND INFORMATION:]

• Age: [AGE]
• Marital status: [STATUS]
• Number of children: [NUMBER]
• U.S. citizen/LPR family members: [LIST]
• Length of residence in U.S.: [YEARS]
• Employment history in U.S.: [DESCRIBE]
• Community ties: [DESCRIBE]
• Education: [DESCRIBE]

C. Current Detention

Respondent has been detained for [NUMBER] days/months at [FACILITY NAME]. During this time, Respondent has [DESCRIBE BEHAVIOR IN DETENTION, COMPLIANCE WITH FACILITY RULES, ETC.].

III. LEGAL STANDARDS

A. Authority for Bond Redetermination

Pursuant to 8 CFR § 1003.19(a), custody and bond determinations made by DHS pursuant to 8 CFR part 1236 may be reviewed by an Immigration Judge. An application for bond redetermination may be made orally, in writing, or at the discretion of the Immigration Judge, by telephone. 8 CFR § 1003.19(b).

B. Standard for Bond Determination

In determining whether to grant bond and in what amount, the Immigration Judge considers:

1. Whether the Respondent is a danger to property or persons; and
2. Whether the Respondent is likely to appear for future immigration proceedings.

See Matter of Guerra, 24 I&N Dec. 37 (BIA 2006); Matter of Patel, 15 I&N Dec. 666 (BIA 1976).

C. Burden of Proof

Under current regulations, the burden of proof in bond proceedings varies:

☐ For most respondents: DHS bears the burden of establishing by clear and convincing evidence that the respondent poses a danger to the community or is a flight risk.

☐ For respondents subject to Transition Period Custody Rules: Respondent must demonstrate by clear and convincing evidence that release would not pose a danger to others or property, and that Respondent is likely to appear for proceedings.

IV. ARGUMENT

A. Respondent Is Not a Flight Risk

Respondent presents minimal flight risk for the following reasons:

1. Strong Family Ties in the United States

☐ Respondent has [NUMBER] U.S. citizen children: [NAMES AND AGES]

☐ Respondent has a U.S. citizen/LPR spouse: [NAME]

☐ Respondent has U.S. citizen/LPR parents: [NAMES]

☐ Respondent has extended family members in the U.S.: [DESCRIBE]

[EXPLAIN HOW FAMILY TIES ENSURE RESPONDENT WILL APPEAR FOR HEARINGS]

2. Length of Residence in the United States

Respondent has resided in the United States for [NUMBER] years, since [DATE]. During this time, Respondent has established significant ties to this community, including:

• [DESCRIBE COMMUNITY INVOLVEMENT]
• [DESCRIBE EMPLOYMENT]
• [DESCRIBE PROPERTY OWNERSHIP/LEASE]
• [DESCRIBE CHILDREN'S SCHOOLING]

3. Employment and Financial Stability

☐ Respondent has been employed at [EMPLOYER NAME] for [DURATION]

☐ Respondent has a confirmed job offer from [EMPLOYER NAME] upon release

☐ Respondent owns property at [ADDRESS]

☐ Respondent has financial resources of approximately $[AMOUNT]

4. Record of Compliance with Immigration Proceedings

☐ Respondent has appeared at all prior immigration hearings

☐ Respondent has no history of failing to appear

☐ Respondent has complied with all prior orders of supervision

5. Strong Case for Relief from Removal

Respondent has a strong case for relief from removal, which provides additional incentive to appear for hearings:

☐ Respondent is eligible for: [TYPE OF RELIEF - asylum, cancellation of removal, adjustment of status, etc.]

☐ Respondent has filed or will file: [APPLICATIONS]

6. Fixed Address

Upon release, Respondent will reside at [ADDRESS] with [RELATIONSHIP]. [SPONSOR NAME] has agreed to serve as Respondent's sponsor and ensure Respondent's appearance at all hearings.

B. Respondent Is Not a Danger to the Community

1. No Criminal History

☐ Respondent has no criminal history in the United States or abroad

☐ Respondent has only minor criminal history that does not indicate danger: [EXPLAIN]

2. Analysis of Any Criminal History

[IF APPLICABLE, ADDRESS ANY CRIMINAL HISTORY:]

• Nature of offense(s): [DESCRIBE]
• Date(s) of offense(s): [DATES]
• Sentence(s) imposed: [SENTENCES]
• Time since last offense: [DURATION]
• Evidence of rehabilitation: [DESCRIBE]
• Context/mitigating circumstances: [EXPLAIN]

3. Positive Character Evidence

Respondent submits letters attesting to Respondent's good moral character from:

☐ [NAME], [RELATIONSHIP/POSITION]
☐ [NAME], [RELATIONSHIP/POSITION]
☐ [NAME], [RELATIONSHIP/POSITION]

4. No Evidence of Danger

DHS has not presented evidence that Respondent poses any danger to the community. The charges in the Notice to Appear are based on [DESCRIBE], which does not indicate dangerousness.

C. Request for Reasonable Bond Amount

If the Court determines that bond is appropriate, Respondent respectfully requests that bond be set at $[REQUESTED AMOUNT]. This amount is reasonable and sufficient to ensure Respondent's appearance because:

1. Respondent's financial resources are limited: [EXPLAIN]

2. This amount represents a significant sum for Respondent and provides sufficient incentive to appear

3. Similar bonds have been granted in comparable cases

4. [ADDITIONAL REASONS]

D. Alternative: Release on Recognizance

In the alternative, Respondent requests release on Respondent's own recognizance, with or without conditions. Conditions of release that Respondent would accept include:

☐ Regular check-ins with ICE
☐ Electronic monitoring (GPS ankle bracelet)
☐ Telephone reporting
☐ Home confinement
☐ Travel restrictions
☐ Supervision by a sponsor
☐ Other: [SPECIFY]

V. CHANGED CIRCUMSTANCES (If Subsequent Motion)

[IF THIS IS A SUBSEQUENT BOND MOTION, DESCRIBE MATERIAL CHANGED CIRCUMSTANCES:]

Pursuant to 8 CFR § 1003.19(e), Respondent's request for a subsequent bond redetermination is based on the following material changes in circumstances since the prior bond determination on [DATE]:

1. [DESCRIBE CHANGED CIRCUMSTANCE #1]

2. [DESCRIBE CHANGED CIRCUMSTANCE #2]

3. [DESCRIBE CHANGED CIRCUMSTANCE #3]

These changes are material because [EXPLAIN WHY CHANGES WARRANT RECONSIDERATION OF BOND].

VI. SUPPORTING DOCUMENTS

Respondent submits the following exhibits in support of this Motion:

☐ Exhibit A: Respondent's Declaration/Affidavit
☐ Exhibit B: Sponsor's Declaration and Letter of Support
☐ Exhibit C: Proof of Sponsor's Immigration Status/U.S. Citizenship
☐ Exhibit D: Proof of Residence (lease, utility bills, etc.)
☐ Exhibit E: Evidence of Family Ties (birth certificates, marriage certificate)
☐ Exhibit F: Employment Verification Letter / Job Offer Letter
☐ Exhibit G: Tax Returns / Financial Documents
☐ Exhibit H: Letters of Support from Community Members
☐ Exhibit I: Evidence of Children's School Enrollment
☐ Exhibit J: Criminal Background Check / Court Records (if applicable)
☐ Exhibit K: Evidence of Eligibility for Relief from Removal
☐ Exhibit L: [OTHER EXHIBITS]

VII. REQUEST FOR ORAL ARGUMENT

Respondent respectfully requests an opportunity to present oral argument in support of this Motion at a bond hearing. Respondent is available for a hearing on the following dates: [LIST AVAILABLE DATES].

VIII. CONCLUSION

For the foregoing reasons, Respondent respectfully requests that this Honorable Court:

1. Grant this Motion for Bond Redetermination;

2. Set bond at $[AMOUNT], or in the alternative;

3. Release Respondent on Respondent's own recognizance, with or without conditions; and

4. Grant such other relief as the Court deems just and proper.

Respectfully submitted,

Date: _______________

_______________________________
[ATTORNEY NAME]
[BAR NUMBER]
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorney for Respondent

CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I served a true and correct copy of the foregoing Motion for Bond Redetermination and all supporting exhibits upon:

Office of the Chief Counsel
U.S. Immigration and Customs Enforcement
[ADDRESS]
[CITY, STATE ZIP]

☐ By personal delivery
☐ By first-class mail
☐ By electronic filing/service
☐ By [OTHER METHOD]

_______________________________
[ATTORNEY NAME]

PROPOSED ORDER

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION COURT

In the Matter of: [RESPONDENT NAME]
A#: [A-NUMBER]

ORDER

Upon consideration of Respondent's Motion for Bond Redetermination, it is hereby:

☐ ORDERED that bond is set at $____________.

☐ ORDERED that Respondent is released on Respondent's own recognizance.

☐ ORDERED that Respondent is released on Respondent's own recognizance, subject to the following conditions: _____________________________________________.

☐ ORDERED that the Motion for Bond Redetermination is DENIED.

Date: _______________

_______________________________
Immigration Judge
[NAME]

IMPORTANT NOTES

Automatic Stay Provisions: Pursuant to 8 CFR § 1003.19(i)(2), in cases where DHS has set bond at $10,000 or more or determined that the alien should not be released, any order by the Immigration Judge authorizing release shall be stayed if DHS files a notice of intent to appeal (Form EOIR-43) within one business day of the order.

Mandatory Detention: Certain categories of aliens are subject to mandatory detention and are not eligible for bond. See INA § 236(c); 8 CFR § 1003.19(h)(2). These include certain aliens with criminal convictions and arriving aliens.

Appeal Rights: Either party may appeal the Immigration Judge's bond decision to the Board of Immigration Appeals. The appeal must be filed within 30 days using Form EOIR-26.

This template is provided for informational purposes only and does not constitute legal advice. Bond eligibility and standards vary based on individual circumstances. Consult with a qualified immigration attorney.