Can I get a bond in an immigration case?

by Blake P. Somers, Lawyer Referral Service Panelist

Yes, unless the mandatory detention provisions apply.  However, there are some important differences between immigration bonds and traditional bonds in state courts.  For example, immigration bonds are generally “cash only” bonds; meaning that the 10 percent posting requirement which is customary in some states does not apply. In addition, it may be more difficult to find a bondsman who is will to work on the case – there are bail bonding agencies that work with immigration bonds, but they are very limited. If an individual is released on bond and then makes all court appearances (and, if necessary, departs the United States as ordered), then the bond will be returned to the person who posted it.

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