Immigration Bond Hearings: A Complete Guide for Detained Immigrants in Georgia

When a noncitizen is arrested by U.S. Immigration and Customs Enforcement (ICE) and placed in immigration detention, one of the most urgent priorities is securing release through an immigration bond. For individuals detained in Georgia, this often means appearing before an immigration judge at the Stewart Immigration Court in Lumpkin or the immigration court serving the Irwin County Detention Center in Ocilla. Understanding the bond hearing process, eligibility requirements, and the factors that judges consider is critical for both detainees and their families. This guide explains the immigration bond hearing process as it applies to detained immigrants in Georgia, including the legal standards under INA § 236 and 8 CFR § 236.1.

What Is an Immigration Bond?

An immigration bond is a financial guarantee that a detained noncitizen will appear at all future immigration court hearings if released from custody. Unlike criminal bail, immigration bonds are civil in nature and are governed by the Immigration and Nationality Act rather than state criminal law. The two primary types of immigration bonds are:

• Delivery bond: This is the most common type. It allows the detainee to be released from ICE custody on the condition that they appear at all scheduled immigration hearings. If the person fails to appear, the bond is forfeited and they become subject to a removal order in absentia. Delivery bonds are authorized under INA § 236(a)(2)(A).
• Voluntary departure bond: This bond is posted when a detainee has been granted voluntary departure and agrees to leave the United States by a specified date. If the person departs as required, the bond is refunded. If they fail to depart, the bond is forfeited.

The minimum immigration bond amount is $1,500, as established by 8 CFR § 236.1(d)(1), though immigration judges frequently set bonds at higher amounts based on the circumstances of the case. Bonds of $5,000 to $25,000 are common, and in some cases bonds are set significantly higher.

Who Is Eligible for Bond?

Not all detained noncitizens are eligible for bond. The determination of bond eligibility depends on the legal basis for detention and the individual's immigration and criminal history.

General Detention Under INA § 236(a)

Under INA § 236(a), the Department of Homeland Security (DHS) has the authority to arrest and detain any noncitizen pending a decision on whether they are removable from the United States. Individuals detained under this general authority are generally eligible for a bond hearing before an immigration judge, where they may request release on bond or on their own recognizance (known as an "order of supervision").

Mandatory Detention Under INA § 236(c)

INA § 236(c) is one of the most consequential provisions in immigration detention law. It requires the mandatory detention, without bond, of certain categories of noncitizens, including:

• Inadmissible aliens with criminal convictions: Noncitizens who are inadmissible under INA § 212(a)(2) because of certain criminal offenses, including controlled substance violations (other than a single offense involving 30 grams or less of marijuana) and crimes involving moral turpitude.
• Deportable aliens with criminal convictions: Noncitizens who are deportable under INA § 237(a)(2) for convictions including aggravated felonies, controlled substance offenses, firearms offenses, and certain crimes involving moral turpitude.
• Terrorist activity: Noncitizens involved in terrorist activity under INA § 237(a)(4)(B).
• Certain other grounds: Including individuals subject to removal for document fraud, smuggling, or other specified grounds.

Individuals subject to mandatory detention under INA § 236(c) are not eligible for bond unless they can successfully challenge the basis for mandatory detention. The Supreme Court addressed the scope of mandatory detention in Jennings v. Rodriguez, 583 U.S. 281 (2018), holding that INA § 236(c) does not include an implicit time limitation on mandatory detention or require periodic bond hearings.

Challenging Mandatory Detention

Detainees subject to mandatory detention may challenge their classification through a Joseph hearing (named after Matter of Joseph, 22 I&N Dec. 799 (BIA 1999)). In a Joseph hearing, the immigration judge determines whether the government has established that the detainee is properly subject to mandatory detention. The detainee may argue that:

• The conviction relied upon by DHS does not actually qualify as a mandatory detention offense (e.g., the offense is not categorically an aggravated felony or crime involving moral turpitude).
• The detainee was not taken into custody "when released" from criminal custody as required by INA § 236(c)(1), which some courts have interpreted as requiring a nexus between the criminal release and immigration arrest (though circuit courts are split on this issue).
• The detainee is not the person described in the charging documents.

If the immigration judge determines that mandatory detention does not apply, the case reverts to the general detention framework under INA § 236(a), and the detainee becomes eligible for a bond hearing.

The Bond Hearing Process

When a detainee is eligible for a bond hearing, the following process typically applies:

Requesting the Hearing

The detainee or their attorney must request a bond hearing from the immigration court. This is typically done by filing a written motion with the court or making an oral request at the initial master calendar hearing. Under 8 CFR § 236.1(d)(1), ICE may also set an initial bond at the time of arrest, but the detainee has the right to have an immigration judge review that determination.

Burden of Proof

The burden of proof in a bond hearing is on the detainee. Under Matter of Guerra, 24 I&N Dec. 37 (BIA 2006), the detained individual must demonstrate that they are not a danger to the community and not a flight risk. This is different from criminal bail, where the government typically bears the burden. The detainee must present evidence establishing that they merit release on bond.

Factors Considered by the Immigration Judge

Immigration judges consider a variety of factors when determining whether to grant bond and at what amount. These factors, derived from Matter of Guerra and related BIA precedent, include:

• Criminal history: The nature and severity of any criminal convictions, including whether the offenses involved violence, drugs, or dishonesty. A serious criminal record weighs heavily against bond.
• Immigration history: Prior immigration violations, including prior removal orders, illegal entries, or failures to appear at immigration hearings.
• Length of residence in the United States: Long-term residents with deep community ties are more likely to appear at future hearings.
• Family ties: The presence of U.S. citizen or permanent resident family members, particularly dependent children, in the United States.
• Employment history: A stable employment record suggests ties to the community and the ability to pay bond.
• Community ties: Church membership, volunteer activities, organizational involvement, and other evidence of integration into the community.
• Eligibility for relief from removal: If the detainee has a strong potential claim for asylum, cancellation of removal, or other relief, this suggests they are more likely to appear at hearings to pursue their case.
• Manner of entry: Whether the individual entered the United States lawfully or without inspection.
• Evidence of rehabilitation: For individuals with criminal history, evidence of rehabilitation (completion of programs, stable lifestyle post-conviction) may weigh in favor of release.

Presenting Evidence at the Bond Hearing

To maximize the chances of obtaining bond, the detainee's attorney should present comprehensive evidence addressing each of the factors above. Common evidence includes:

• Letters of support from family members, employers, community leaders, and religious organizations.
• Evidence of U.S. citizen or permanent resident family members (birth certificates, marriage certificates, green cards).
• Employment records, pay stubs, and tax returns.
• Proof of residence (lease agreements, utility bills, mortgage statements).
• Criminal disposition records showing the resolution of past charges.
• Certificates of completion for rehabilitation, educational, or substance abuse programs.
• A bond sponsor (the person who will pay the bond) and their financial documentation.

Bond Amounts and Payment

If the immigration judge grants bond, the judge sets the bond amount based on the totality of the circumstances. The minimum bond is $1,500, but judges in Georgia detention facilities frequently set bonds between $5,000 and $20,000 for straightforward cases, with higher amounts for cases involving serious criminal history or significant flight risk.

Immigration bonds must be paid by a bond obligor (a U.S. citizen or permanent resident) at an ICE Enforcement and Removal Operations (ERO) office. In Georgia, bond payments for individuals detained at Stewart or Irwin are typically processed through the Atlanta ERO office. Alternatively, families may use a licensed immigration bail bond company, which charges a non-refundable premium (typically 15% to 20% of the bond amount) and posts the full bond on the obligor's behalf.

Georgia Detention Facilities

Georgia is home to two of the largest immigration detention facilities in the southeastern United States:

Stewart Detention Center (Lumpkin, Georgia)

The Stewart Detention Center is a privately operated facility managed by CoreCivic under contract with ICE. Located in the rural town of Lumpkin in southwest Georgia, Stewart is one of the largest immigration detention centers in the country, with a capacity of approximately 1,752 detainees. The facility houses male detainees and is served by the Stewart Immigration Court. Due to its remote location, access to legal representation is a significant challenge, and many detainees at Stewart proceed without an attorney. Organizations such as the Southern Poverty Law Center and the Southeast Immigrant Freedom Initiative have worked to expand legal services at Stewart.

Irwin County Detention Center (Ocilla, Georgia)

The Irwin County Detention Center in Ocilla, Georgia has housed ICE detainees under an Intergovernmental Service Agreement (IGSA). The facility gained national attention in 2020 following allegations of medical mistreatment. ICE has periodically reviewed its use of Irwin, and the facility's status as an ICE detention site has been subject to ongoing scrutiny. Detainees at Irwin are served by immigration judges, and bond hearings follow the same legal standards as those at Stewart and other facilities.

Conditions and Access to Counsel

Detainees at both Stewart and Irwin face challenges common to immigration detention nationwide, including limited access to legal counsel, difficulty communicating with family members, and delays in mail and legal document processing. Under 8 CFR § 236.1(e), detained individuals have the right to be represented by counsel at no expense to the government, but the reality in rural Georgia detention facilities is that many detainees lack the resources or access to retain an attorney.

Appeals of Bond Decisions

If the immigration judge denies bond or sets a bond amount that the detainee considers too high, the detainee may appeal the bond decision to the Board of Immigration Appeals (BIA). The DHS trial attorney may also appeal a bond grant. Appeals are filed by submitting Form EOIR-26 within 30 days of the bond decision. The BIA reviews the immigration judge's bond determination under a "clearly erroneous" standard for factual findings and de novo for legal conclusions. Detainees may also request a bond redetermination hearing if circumstances change significantly after the initial bond decision (e.g., family members obtain legal status, criminal charges are resolved, or the detainee's immigration case changes).

Contact J. Lee & Associates Today

If your family member is detained by ICE in Georgia, time is critical. An experienced immigration attorney can evaluate bond eligibility, prepare compelling evidence for the bond hearing, and advocate effectively before the immigration judge. Contact J. Lee & Associates at (770) 676-4935 for a free consultation. Our immigration defense team has experience representing detained individuals at Stewart, Irwin, and other facilities throughout Georgia. We fight for the release of detained immigrants and their right to remain with their families while their cases are decided.