I. OVERVIEW
A. APPLICATION BEFORE AN IMMIGRATION JUDGE
The controlling provisions for bond/custody redetermination
hearings before an Immigration Judge are found at INA § 236;
8 C.F.R. §§ 1003.19 and 1236.1 (2006). The bond hearing
is separate and apart from, and shall form no part of the removal
hearings. 8 C.F.R. § 1003.19(d) (2006). The application for a
bond redetermination hearing is made to one of the following offices,
in the following order prescribed at 8 C.F.R. § 1003.19 (2006):
1. If the alien is detained, to the Immigration Court
that has jurisdiction over the place of detention. Note: the filing
of a charging document is not a prerequisite to bond hearing jurisdiction.
See Matter of Sanchez, 20 I&N Dec. 223, 225 (BIA 1990);
2. To the Immigration Court that has administrative
control over the case. See 8 C.F.R. § 1003.13 (2006); or,
3. To the Office of the Chief Immigration Judge (OCIJ)
for designation of the appropriate Immigration Court to accept and
hear the application.
B. TIME
1. After the DHS makes its initial custody determination,
and
2. Before an administratively final order of deportation
or removal. 8 C.F.R. §§ 1236.1, 1003.19 (2006); Matter of
Valles, 21 I&N Dec. 769, 771 (BIA 1997); Matter of Uluocha, 20
I&N Dec. 133, 134 (BIA 1989); Matter of Sio, 18 I&N Dec. 176,
177 (BIA 1981); Matter of Vea, 18 I&N Dec. 171, 173 (BIA 1981).
C. SUBSEQUENT HEARING
The Immigration Judge may conduct a subsequent custody
hearing so long as the request is made in writing and based on a showing
that the alien’s circumstances have changed materially since the initial
bond redetermination hearing. 8 C.F.R. § 1003.19(e) (2006); Matter
of Uluocha, 20 I&N Dec. 133 (BIA 1989).
D. WHILE A BOND APPEAL IS PENDING
When appropriate, an Immigration Judge may entertain
a bond redetermination request, even when a previous bond redetermination
by the Immigration Judge has been appealed to the Board of Immigration
Appeals (BIA). Matter of Valles, 21 I&N Dec. 769 (BIA 1997). If
a bond redetermination request is granted by an Immigration Judge
while a bond appeal is pending with the BIA, the appeal is rendered
moot. Id. If an Immigration Judge declines to change the amount or
conditions of bond, the DHS must notify the BIA in writing, with proof
of service on the opposing party, within 30 days, if it wishes to
pursue its original bond appeal. Id.
E. NON-MANDATORY CUSTODY ALIENS
1. Neither section 236(a) of the Act nor the applicable
regulations confer on the alien the right to release on bond. In re
D-J-, 23 I&N Dec. 572 (A.G. 2003). The denial of a respondent’s
release on bond does not violate international law. Id.
2. For non-mandatory custody aliens, Immigration
Judges can: (1) continue to detain; or (2) release on bond of not
less than $1,500.00. INA § 236(a). Note: Immigration Judges do
not have authority to consider or review DHS parole decisions.
3. Section 236(a) of the Act does not provide for
the release of an alien on the alien’s own recognizance.
4. Under BIA case law addressing general bond provisions
of prior law, an alien ordinarily would not be detained unless he
or she presented a threat to national security or a risk of flight.
See Matter of Patel, 15 I&N Dec. 666 (BIA 1976). By virtue of
8 C.F.R. § 1236.1(c)(8) (2006), a criminal alien must demonstrate
that he is not a threat to the national security, that his release
would not pose a danger to property or persons, and that he is likely
to appear for any future proceedings. Matter of Guerra, 24 I&N
Dec. 37 (BIA 2006); Matter of Adeniji, 22 I&N Dec. 1102 (BIA 1999).
But see In re D-J-, 23 I&N Dec. 572 (A.G. 2003).
5. Juveniles (i.e., under 18) have special conditions
of release. See 8 C.F.R. § 1236.3 (2006).
a. Juveniles, in addition to having monetary bond,
will have conditions of release in that they can only be released,
in order of preference, to :
i. a parent,
ii legal guardian, or
iii. adult relative.
b. The regulation governing juvenile conditions of
release is quite detailed and specific. There is no authority for
the Immigration Judge to fashion independent conditions of release.
See also In Re Mejia-Andino, 23 I&N Dec. 533 (BIA 2002); Matter
of Amaya, 21 I&N Dec. 583 (BIA 1996).
F. MANDATORY CUSTODY ALIENS
1. The Immigration Court has no bond/custody redetermination
authority over those aliens defined in section 236(c)(1) of the Act
unless it falls within the enumerated exception. The exception provides
that the alien may be released if it is necessary to provide protection
to a witness, a potential witness, a person cooperating with an investigation
into major criminal activity, or to protect an immediate family member
of such witness. The alien must satisfy the Attorney General that
he or she will not pose a danger to the safety of other persons or
of property and is likely to appear for hearings.
2. However, an alien may request a hearing before
an Immigration Judge to contest the INS determination that he or she
is subject to mandatory detention under section 236(c)(1) of the Act.
See 8 C.F.R. §§ 1003.19(h)(1)(ii), 1003.19(h)(2)(ii) (2006).
3. An alien is not subject to mandatory detention
under section 236(c) of the Act if he was released from his non-Service
custodial setting on or before October 1998, the expiration date of
the Transition Period Custody Rules. Matter of Adeniji, 22 I&N
Dec. 1102 (BIA 1999).
4. Section 236(c)(1) of the Act provides that the
Attorney General shall take into custody any alien when the alien
is released, without regard to whether the alien is released on parole,
supervised release, or probation, and without regard to whether the
alien may be arrested or imprisoned again for the same offense, who-
a. Is inadmissible by reason of having committed
any offense covered in section 212(a)(2) of the Act. This includes:
Conviction or sufficient admission of CIMT
Conviction of controlled substance violation
Multiple criminal convictions with aggregate sentences
of 5 years
Controlled substance traffickers and certain immediate
relatives
Prostitution and commercialized vice
Certain aliens involved in serious criminal activity
who have asserted immunity from prosecution
Foreign government officials who have engaged in
particularly severe violations of religious freedom.
b. Is deportable by reason of having committed any
offense in section 237(a)(2)(A)(ii) [two or more CIMTs], (A)(iii)
[Conviction of aggravated felony], (B) [Conviction of controlled substance
violation; drug abusers and addicts], (C) [Conviction of firearms
offense], or (D) [Certain enumerated convictions].
c. Is deportable under section 237(a)(2)(A)(i) [CIMT]
on the basis of an offense for which the alien has been sentenced
to a term of imprisonment of at least 1 year, or
d. Is inadmissible under section 212(a)(3)(B) of
the Act or deportable under section 237(a)(4)(B) of the Act [Terrorist
activity].
5. Where the District Director has denied the alien’s
request for release or has set a bond of $10,000 or more, any order
of the Immigration Judge authorizing release shall be stayed upon
the Service’s filing of Form EOIR-43 with the Immigration Court on
the day the order is issued, and the decision shall be held in abeyance
pending decision on the appeal by the BIA. 8 C.F.R. § 1003.19(i)(2)
(2006); Matter of Joseph, 22 I&N Dec. 660 (BIA 1999), clarified,
Matter of Joseph, 22 I&N Dec. 799 (BIA 1999).
G. WHEN AN IMMIGRATION JUDGE MAY NOT REDETERMINE
CUSTODY STATUS:
1. On the Judge’s own motion. Matter of P-C-M-, 20
I&N Dec. 432 (BIA 1991). The application must be made by the alien
or the alien’s counsel or representative. 8 C.F.R. § 1003.19(b)
(2006).
2. If the alien is not in DHS custody (e.g., alien
is in state custody). Matter of Sanchez, 20 I&N Dec. 223 (BIA
1990).
3. If more than 7 days have elapsed since the alien
was released from DHS custody. 8 C.F.R. § 1236.1(d) (2006); Matter
of Valles, 21 I&N Dec. 769 (BIA 1997); Matter of Daryoush, 18
I&N Dec. 352 (BIA 1982); Matter of Sio, 18 I&N Dec. 176, 177
(BIA 1981); Matter of Vea, 18 I&N Dec. 171, 173 (BIA 1981). After
the expiration of the 7-day period the respondent may request review
by the District Director. 8 C.F.R. § 1236.1(d)(2) (2006).
4. The following aliens have no recourse to the Immigration
Court for bond hearing:
a. The arriving alien in removal proceedings, including
aliens paroled after arrival under section 212(d)(5) of the Act;
b. The alien in claimed status proceedings;
c. The alien in credible fear proceedings;
d. The alien in exclusion proceedings;
e. The alien in summary removal proceedings.
f. An aggravated felon alien in expedited removal
proceedings under section 238 of the Act.
5. Neither an Immigration Judge nor the BIA has authority
to adjudicate parole matters. Matter of Oseiwusu, 22 I&N Dec.
19 (BIA 1998); Matter of Matelot, 18 I&N Dec. 334, 336 (BIA 1982);
Matter of Castellon, 17 I&N Dec. 616 (1981). A returning permanent
resident alien is regarded as an "arriving alien" seeking
admission if he falls within one of the following categories of section
101(a)(13)(C) of the Act:
a. has abandoned or relinquished that status;
b. has been absent from the United States for a continuous
period in excess of 180 days;
c. has engaged in illegal activity after having departed
the United States;
d. has departed from the United States while under
legal process seeking removal of the alien from the United States,
including removal proceedings under the INA and extradition proceedings;
e. has committed an offense identified in section
212(a)(2) of the Act, unless since such offense the alien has been
granted relief under sections 212(h) or 240A(a) of the Act, or;
f. is attempting to enter at a time or place other
than as designated by immigration officers or has not been admitted
to the United States after inspection and authorization by an immigration
officer.
6. If the alien has an administratively final order
of removal or deportation. INA § 241; 8 C.F.R. § 1236.1(d)(1)
(2006); Matter of Valles, 21 I&N Dec. 769, 771 (BIA 1997); Matter
of Uluocha, 20 I&N Dec. 133, 134 (BIA 1989); Matter of Sio, 18
I&N Dec. 176, 177 (BIA 1981); Matter of Vea, 18 I&N Dec. 171,
173 (BIA 1981). After an order becomes administratively final, the
respondent may seek BIA review of the District Director’s or Immigration
Judge’s custody determination. 8 C.F.R. § 1236.1(d)(3)
(2006).
H. SIGNIFICANT FACTORS IN A BOND DETERMINATION
1. Fixed address in the United States. Matter of
Guerra, 24 I&N Dec. 37 (BIA 2006); Matter of Patel, 15 I&N
Dec. 666 (BIA 1979).
2. Length of residence in the United States. Matter
of Guerra, 24 I&N Dec. 37 (BIA 2006); Matter of Andrade, 19 I&N
Dec.488 (BIA 1987); Matter of Shaw, 17 I&N Dec. 177 (BIA 1979).
3. Family ties in the United States, particularly
those who can confer immigration benefits on the alien. Matter of
Guerra, 24 I&N Dec. 37 (BIA 2006); Matter of Andrade, 19 I&N
Dec.488 (BIA 1987); Matter of Shaw, 17 I&N Dec. 177 (BIA 1979);
Matter of Patel, 15 I&N Dec. 666 (BIA 1979).
4. Employment history in the United States, including
length and stability. Matter of Guerra, 24 I&N Dec. 37 (BIA 2006);
Matter of Andrade, 19 I&N Dec.488 (BIA 1987); Matter of Shaw,
17 I&N Dec. 177 (BIA 1979); Matter of Patel, 15 I&N Dec. 666
(BIA 1979).
5. Immigration Record. Matter of Guerra, 24 I&N
Dec. 37 (BIA 2006); Matter of Andrade, 19 I&N Dec.488 (BIA 1987);
Matter of Shaw, 17 I&N Dec. 177 (BIA 1979); Matter of San Martin,
15 I&N Dec. 167 (BIA 1974); Matter of Moise, 12 I&N Dec. 102
(BIA 1967).
6. Attempts to escape from authorities or other flight
to avoid prosecution. Matter of Guerra, 24 I&N Dec. 37 (BIA 2006);
Matter of Patel, 15 I&N Dec. 666 (BIA 1979); Matter of San Martin,
15 I&N Dec. 167 (BIA 1974).
7. Prior failures to appear for scheduled court proceedings.
Matter of Guerra, 24 I&N Dec. 37 (BIA 2006); Matter of Andrade,
19 I&N Dec.488 (BIA 1987); Matter of Shaw, 17 I&N Dec. 177
(BIA 1979); Matter of Patel, 15 I&N Dec. 666 (BIA 1979); Matter
of San Martin, 15 I&N Dec. 167 (BIA 1974).
8. Criminal record, including extensiveness and recency,
indicating consistent disrespect for the law and ineligibility for
relief from deportation/removal. Matter of Guerra, 24 I&N Dec.
37 (BIA 2006); Matter of Andrade, 19 I&N Dec. 488 (BIA 1987).
I. LESS SIGNIFICANT FACTORS IN A BOND DETERMINATION
1. Early release from prison, parole, or low bond
in related criminal proceedings. Matter of Andrade, 19 I&N Dec.
488 (BIA 1987); Matter of Shaw, I&N Dec. 177 (BIA 1979).
2. Ability to pay is not dispositive.
3. DHS difficulties in executing a final order of
deportation. Matter of P-C-M, 20 I&N Dec. 432 (BIA 1991).
II CASE CITATIONS–QUICK REFERENCE
Matter of Kotliar, 24 I& N Dec. 124 (BIA 2007).
An alien who has been apprehended at home while on probation for criminal
convictions is subject to mandatory detention under section 236 (c)(1)
of the Act, regardless of the reason for the most recent criminal
custody. The only proviso is that it must be ascertained that the
alien was released from custody after October 8, 1998, which was the
expiration date of the Transitional Period Custody Rules. An alien
need not be charged with a ground that provides for mandatory detention.
Matter of Guerra, 24 I&N Dec. 37 (BIA 2006).
In a custody redetermination under section 236(a) of the Act, where
an alien must establish to the satisfaction of the IJ that the alien
does not present a danger to others, a threat to national security,
or a flight risk, the IJ has wide discretion in deciding the factors
that may be considered. In deciding whether an alien is a danger to
others, the IJ may consider evidence that the alien was criminally
charged in an alleged controlled substance trafficking scheme, even
if the alien was not convicted of a criminal offense.
Matter of X-K, 23 I&N Dec. 731 (BIA 2005). An
alien who is initially screened for expedited removal under section
235(b)(1)(A) of the Act as a member of the class of aliens designated
pursuant to the authority in section 235(b)(1)(A0(iii) of the Act,
but who is subsequently placed in removal proceedings under section
240 of the Act following a positive credible fear determination, is
eligible for a custody redetermination hearing before an IJ unless
the alien is a member of any of the listed classes of aliens who are
specifically excluded from the custody jurisdiction of IJs pursuant
to federal regulation.
Matter of D-J-, 23 I&N Dec. 572 (A.G. 2003).
Neither section 236(a) of the Act nor the applicable regulations confer
on an alien the right to release on bond. In determining whether to
release on bond undocumented migrants who arrive in the U.S. by sea
seeking to evade inspection, it is appropriate to consider national
security interests implicated by the encouragement of further unlawful
mass migrations and the release of undocumented alien migrants into
the U.S. without adequate screening. In bond proceedings involving
aliens seeking to enter the U.S. illegally, where the Government offers
evidence from sources in the Executive Branch with relevant expertise
establishing that significant national security interests are implicated,
IJs and the BIA shall consider such interests. Considering national
security grounds applicable to a category of aliens in denying an
unadmitted alien’s request for release on bond dues not violate
any due process right to an individualized determination in bond proceedings
under section 236(a) of the Act.
Matter of Rojas, 23 I&N Dec. 117 (BIA 2001).
A criminal alien who is released from criminal custody after the expiration
of the Transition Period Custody Rules is subject to mandatory detention
pursuant to section 236(c) of the Act even if the alien is not immediately
taken into custody by INS or DHS authorities when released from incarceration.
Matter of West, 22 I&N Dec. 1405 (BIA 2000).
The mandatory detention provisions of section 236(c) of the Act do
not apply to an alien who was convicted after the expiration of the
Transition Period Custody Rules (“Transition Rules”),
but who was last released from the physical custody of state authorities
prior to the expiration of the Transition Rules and who was not physically
confined or restrained as a result of that conviction.
Matter of Saelee, 22 I&N Dec. 1258 (BIA 1999).
The BIA has jurisdiction over an appeal from a district director’s
custody determination that was made after the entry of a final order
of deportation or removal under 8 C.F.R. § 236.1 (1999). An alien
subject to a final order of deportation based on a conviction for
an aggravated felony, who is unable to be deported, may be eligible
for release from detention after the expiration of the removal period
pursuant to section 241(a)(6) of the Act.
Matter of Adeniji, 22 I&N Dec. 1102 (BIA 1999).
Section 236(c) of the Act does not apply to aliens whose most recent
release from non-Service custody occurred prior to October 9, 1998.
A criminal alien seeking custody redetermination under section 236(a)
of the Act must show he or she does not present a danger to property
or persons. It is the responsibility of the Immigration Judge and
parties to ensure the bond record establishes the nature and substance
of the specific factual information considered in reaching the bond
determination.
Matter of Joseph, 22 I&N Dec. 799 (BIA 1999).
The requisite "reason to believe" that allows the INS to
claim a respondent is subject to the mandatory detention for purposes
of the automatic stay is not sufficient for the merits of the bond
appeal. Matter of Joseph, 22 I&N Dec. 660 (BIA 1999), clarified.
For purposes of determining the custody conditions of a lawful permanent
resident under section 236(c) of the Act, a lawful permanent resident
will not be considered "properly included" in a mandatory
detention category when an Immigration Judge or the BIA finds it is
substantially unlikely that the INS will prevail on a charge of removability
specified under section 236(c)(1) of Act.
Matter of Joseph, 22 I&N Dec. 660 (BIA 1999).
The filing of a Form EOIR-43 (Notice of Intent to Appeal Custody Redetermination)
provides an automatic stay of an IJ’s order releasing an alien
who is charged with removal under one of the mandatory detention grounds
set forth in section 236(c)(1) of the Act, even where the IJ has determined
that an alien is not subject to section 236(c)(1) of the Act and has
terminated the removal proceedings on that charge. The filing of an
appeal from an Immigration Judge’s merits decision terminating removal
proceedings does not operate to stay the Judge’s release order in
related bond proceedings. Matter of Valles, 21 I&N Dec. 769 (BIA
1997), modified.
Matter of Oseiwusu, 22 I&N Dec. 19 (BIA 1998).
An Immigration Judge has no authority over the apprehension, custody,
and detention of arriving aliens and is therefore without authority
to consider the bond request of an alien returning pursuant to a grant
of advance parole.
Matter of Collado, 21 I&N Dec. 1061 (BIA 1998).
A returning lawful permanent resident cannot use the Fleuti doctrine
to seek admission to the United States. The alien must be admissible
to the United States. Matter of Ellis, 20 I&N Dec. 641 (1993),
distinguished.
Matter of Melo, 21 I&N Dec. 883 (BIA 1997). In
bond proceedings under the Transition Period Custody Rules, the standards
set forth in Matter of Drysdale, 20 I&N Dec. 815 (BIA 1994), apply
to the determinations of whether the alien’s release pending deportation
proceedings will pose a danger to the safety of persons or of property
and whether he or she is likely to appear for any scheduled proceeding.
The "in deportable" language as used in the Transition Period
Custody Rules does not require that an alien have been charged and
found deportable on that deportation ground.
Matter of Valles, 21 I&N Dec. 769 (BIA 1997).
An Immigration Judge maintains continuing jurisdiction to entertain
bond redetermination requests by an alien even after the timely filing
of an appeal with the BIA from a previous bond redetermination request.
Matter of Valdez, 21 I&N Dec. 703 (BIA 1997).
The Transition Period Custody Rules invoked October 9, 1996, govern
bond redeterminations of aliens falling within the nonaggravated felony
criminal grounds of deportation covered in those rules, regardless
of when the criminal offenses and convictions occurred. The Transition
Period Custody Rules govern bond redetermination appeals of otherwise
covered criminal aliens who are not now in custody by virtue of immigration
bond rulings rendered prior to the October 9, invocation of those
rules.
Matter of Noble, 21 I&N Dec. 672 (BIA 1997).
Bond redeterminations of detained deportable aliens convicted of an
aggravated felony are governed by the Transition Period Custody Rules
irrespective of how or when the alien came into immigration custody.
Matter of Khalifah, 21 I&N Dec. 107 (BIA 1995).
An alien subject to criminal proceedings for alleged terrorist activities
in the country to which the INS seeks to deport him is appropriately
ordered detained without bond as a poor bail risk.
Matter of Drysdale, 20 I&N Dec. 815 (BIA 1994).
An aggravated felon must pass a two-step analysis for an aggravated
felon to overcome the rebuttable presumption against his release.
One, that he is not a threat to the community, and two, that he is
not likely to abscond.
Matter of Ellis, 20 I&N Dec. 641 (BIA 1993).
In bond proceedings governed by section 242(a)(2)(B) of the Act, the
alien bears the burden of showing that he is lawfully admitted to
the United States, not a threat to the community, and likely to appear
before any scheduled hearings.
Matter of P-C-M-, 20 I&N Dec. 432 (BIA 1991).
An Immigration Judge may not redetermine custody status on his own
motion, only upon application by respondent or his representative.
Matter of De la Cruz, 20 I&N Dec. 346 (BIA 1991),
modified, Matter of Ellis, 20 I&N Dec. 641 (BIA 1993). There is
a presumption against the release of any alien from Service custody
convicted of an aggravated felony unless the alien demonstrates certain
factors. See also Matter of Yeung, 21 I&N Dec. 610 (BIA 1996).
Matter of Sanchez, 20 I&N Dec. 223 (BIA 1990).
It is not proper for an Immigration Judge to make a custody determination
under 8 C.F.R. § 242.2(c) (1990) unless INS has custody of the
respondent. A respondent who is in the custody of a state or agency
other than the INS is not in the custody of INS.
Matter of Eden, 20 I&N Dec. 209 (BIA 1990). An
alien convicted of an aggravated felony is subject to detention under
section 242(a)(2) of the Act upon completion of the incarceration
or confinement ordered by the court for such conviction.
Matter of Uluocha, 20 I&N Dec. 133 (BIA 1989)
Immigration Judges may further consider requests to modify bonds by
detained aliens without a formal motion to reopen. Such requests should
be considered on the merits. However, if there are no changed circumstances
shown, the Immigration Judge may decline to change the prior bond
decision.
Matter of Andrade, 19 I&N Dec. 488 (BIA 1987).
Case includes factors to consider and effect of early releases on
parole.
Matter of Sugay, 17 I&N Dec. 637 (BIA 1981).
Factors to consider when analyzing a bond case include employment
history; length of residence in community; family ties; record of
nonappearance; criminal violations; immigration violations; and eligibility
for relief.
Matter of Shaw, 17 I&N Dec. 177 (BIA 1979). Factors
to consider in a bond case include the manner of entering; community
ties; criminal arrest and characteristics; state criminal bond amount;
and family ties.
Matter of Chirinos, 16 I&N Dec. 276 (BIA 1977).
A bond hearing is a hearing separate and apart from other proceedings.
The hearing is informal and there is no right to a transcript. The
record may contain any information in addition to the memorandum of
decision and other EOIR forms.
RETURN TO OTHER TOPICS PAGE
A_______-_______-_______
Before:_____________ Immigration Judge Date: _______-_______-_______
Language: English Spanish ________________ Interpreter: _____________________
DHS Atty: _______________ R. Counsel: _____________________
Pro se
Initial Bond: $______________; No Bond
Age: _______ Marital Status: Single Common law relationship
Legal Marriage Separated/Divorced
Family Ties & Family Immigration Status:
Spouse Mother Brother(s)
______Child(ren) Father Sister(s)
Aunts, Uncles, Cousins ___________________ ___________________
Immigration History:
Entered: ______________ Status: _____________________________________________________
______________________________________________________________________________________
Criminal Record:
___-___-___ : ___________________________ – sentenced __________; served __________ (Admit/Deny)
___-___-___ : ___________________________ – sentenced __________; served __________ (Admit/Deny)
___-___-___ : ___________________________ – sentenced __________; served __________ (Admit/Deny)
___-___-___ : ___________________________ – sentenced __________; served __________ (Admit/Deny)
______________________________________________________________________________________
______________________________________________________________________________________
Prison ? INS; Release date: ____________________
Education & Employment History:
______________________________ ( ) _____________________________ ( ) ______________________________ ( ) _____________________________ ( )
Will reside: w/ _____ at __________________________________________________________________
DHS Requests: $__________________; No Bond R. Requests: $____________________
Relief: COR/LPR COR/NLPR Pre-VR Post VR
Asylum Withholding Torture 209
Registry Adjustment Termination 212(c)/_______
Bond Decision: No Bond (Mandatory/Danger/Flight) O.R. $__________ & _________
Appeal: Waived by Both Reserved by A/I/B Due: ______-______-______
Next Hearing: Master Calendar Group Hearing Individual Calendar Con’t. Bond
for _______-_______-_______ at ______:__________ a.m./p.m.
____________________________________________________________________________________________
A_______-_______-_______
Before:_____________ Immigration Judge Date: _______-_______-_______
Language: English Spanish ________________ Interpreter: _____________________
DHS Atty: _______________ R. Counsel: _____________________
Pro se
Initial Bond: $______________; No Bond
Age: _______ Marital Status: Single Common law relationship
Legal Marriage Separated/Divorced
Family Ties & Family Immigration Status:
Spouse Mother Brother(s)
______Child(ren) Father Sister(s)
Aunts, Uncles, Cousins ___________________ ___________________
Immigration History:
Entered: ______________ Status: _____________________________________________________
______________________________________________________________________________________
Criminal Record:
___-___-___ : ___________________________ – sentenced __________; served __________ (Admit/Deny)
___-___-___ : ___________________________ – sentenced __________; served __________ (Admit/Deny)
___-___-___ : ___________________________ – sentenced __________; served __________ (Admit/Deny)
___-___-___ : ___________________________ – sentenced __________; served __________ (Admit/Deny)
______________________________________________________________________________________
______________________________________________________________________________________
Prison ? INS; Release date: ____________________
Education & Employment History:
______________________________ ( ) _____________________________ ( ) ______________________________ ( ) _____________________________ ( )
Will reside: w/ _____ at __________________________________________________________________
DHS Requests: $__________________; No Bond R. Requests: $____________________
Relief: COR/LPR COR/NLPR Pre-VR Post VR
Asylum Withholding Torture 209
Registry Adjustment Termination 212(c)/_______
Bond Decision: No Bond (Mandatory/Danger/Flight) O.R. $__________ & _________
Appeal: Waived by Both Reserved by A/I/B Due: ______-______-______
Next Hearing: Master Calendar Group Hearing Individual Calendar Con’t. Bond
for _______-_______-_______ at ______:__________ a.m./p.m.
______________________________________________________________________________________________
IMMIGRATION COURT
________________________ DETENTION FACILITY
CUSTODY REDETERMINATION QUESTIONNAIRE
BRING COMPLETED QUESTIONNAIRE TO COURT
Date:_________________
A#______________ ALIEN’S NAME___________________ AGE:_____ CURRENT STATUS_________
ATTORNEY/WAIVED:________________________________ T/A____________________________________
BOND REQUESTED:_______________FIRST ENTRY DATE________________ LAST ENTRY DATE__________________
BONDED ADDRESS/OWNER:_______________________________________________________________________________ __________________________________________________________________________________________________________
MARITAL STATUS:____________ SPOUSE’S VISA STATUS:___________
FAMILY IN THE U.S./STATUS:______________________________________________________________________________
___________________________________________________________________________________________________________
LEVEL OF EDUCATION:____________________________________________________________________________________
LAST U.S. EMPLOYMENT & DATES:________________________________________________________________________
PRIOR U.S. EMPLOYMENT & DATES:________________________________________________________________________
DOES RESPONDENT HAVE AUTHORIZATION TO WORK IN THE U.S. (YES/NO) ______________________
PROPERTY OWNED:________________________________________________________________________________________
ARRESTS/CONVICTIONS & DATES:_________________________________________________________________________
___________________________________________________________________________________________________________
DATE RELEASED FROM MOST RECENT CRIMINAL CUSTODY: _______________________________________________
DATE AND MANNER CAME INTO INS CUSTODY:____________________________________________________________
PRIOR INS HISTORY:______________________________________________________________________________________
PRIOR APPEARANCE/BOND HISTORY:_____________________________________________________________________
__________________________________________________________________________________________________________
POSSIBLE WAIVERS:______________________________________________________________________________________
__________________________________________________________________________________________________________
NOTES:
