ImmiLounge - FAQs
Can a non-citizen challenge to ICE’s custody/ bond determination?

A Yes. Subject to significant exceptions discussed in the next question and answer, after the initial custody and/or bond determination by ICE the non-citizen may apply for bond redetermination by an Immigration Judge (Ij) at any time until a removal order becomes final A request for custody or bond redetermination may be made orally in writing or by telephone, if the IJ permits in his or her discretion. If the non-citizen is detained, the request for custody/ bond redetermination should be made to the Immigration Court that has jurisdiction over the place of detention. If the non-citizen is not detained, the request should be made to the Immigration Court that has administrative control over the case or, if no court has been designated, to the Office of the Chief Immigration Judge for designation of an appropriate Immigration Court.