When ICE detains someone in Brighton Beach, Sheepshead Bay, Coney Island, Bensonhurst, Midwood and all five boroughs, the first question most families ask is whether their loved one can be released on bond. The honest answer depends on three things: how the person entered the United States, how and where they were arrested, and their criminal and immigration history. Bond eligibility can depend on the federal circuit and the detention statute. In the Brooklyn area, that is the Second Circuit.
Consultations are by appointment, in person or by video. Call (888) 902-9285 or request a consultation.
Bond eligibility and a relevant Second Circuit decision
New York is in the Second Circuit. In Barbosa da Cunha (2d Cir. 2026, 175 F.4th 61), the court sided with people who entered without inspection and were later arrested in the interior: they are generally held under the discretionary-bond statute, 8 U.S.C. § 1226(a), and can ask an immigration judge for bond. The court denied rehearing en banc on September 25, 2026. The catch for New York families is transfer. Many people arrested in the city are moved to New Jersey, which is in the Third Circuit, where the answer may differ. Where your relative is physically held matters as much as where they were arrested.
Who usually cannot get bond from an immigration judge
- Mandatory detention under 8 U.S.C. § 1226(c). Certain criminal convictions, and since the Laken Riley Act (2025) certain arrests or charges for theft-related and violent offenses for people who are inadmissible, put a person in mandatory detention. The exact offense and the court record matter, so we read them closely.
- Expedited removal and credible fear (8 U.S.C. § 1225(b)(1)). People processed at or near the border often cannot get bond from a judge. Release, if any, comes through ICE parole.
- Final removal orders (8 U.S.C. § 1231). After a final order, detention is governed by different rules. If removal is not happening, see our Brooklyn habeas page.
If the judge says there is no jurisdiction to hold a bond hearing, that is not always the end. A federal habeas petition may be the next step.
What happens at a bond hearing
A bond hearing (a "custody redetermination," under 8 C.F.R. §§ 1003.19 and 1236.1(d)) is a short hearing before an immigration judge, usually on the detained docket and often by video. The detained person must show that they are not a danger to the community and are not a flight risk (Matter of Guerra, 24 I&N Dec. 37 (BIA 2006)). The judge can deny bond, set an amount, or lower ICE's amount.
What helps is organized, verified evidence, ready before the request is filed:
- A sponsor and a fixed address: a U.S. citizen or permanent-resident relative, with ID and proof of address.
- Family ties: birth and marriage certificates, especially for U.S. citizen children or spouse.
- Time in the United States and community roots: leases, tax returns, school records, letters from employers, clergy and neighbors.
- Any criminal record, fully documented: final dispositions, proof of completed sentences or classes.
- A path in the case: if the person may qualify for asylum, cancellation of removal or another form of relief, a short summary of that helps show they have reason to appear.
- Health or caregiving needs with documentation.
We prepare the packet, the sponsor and the witnesses before the hearing. We do not promise a hearing date or a result.
Where Brooklyn-area bond hearings are heard
Non-detained cases from this area are heard at the New York Broadway Immigration Court (290 Broadway, 15th Floor, New York, NY 10007) or New York Federal Plaza Immigration Court (26 Federal Plaza, 12th Floor, Room 1237, New York, NY 10278), depending on the notice. Detained bond hearings follow the facility, not the family's home. EOIR's administrative control list (updated October 1, 2026) identifies record-control assignments, not a guarantee of the hearing venue or format. Confirm the individual hearing notice. The directory lists:
| Facility | Address | County | Federal court for a habeas petition | EOIR administrative control court (Oct. 1, 2026; confirm individual notice) |
|---|---|---|---|---|
| 26 Federal Plaza holding area | 26 Federal Plaza, New York, NY 10278 | New York County (Manhattan) | U.S. District Court for the Southern District of New York | New York Varick Immigration Court |
| Orange County Jail | 110 Wells Farm Road, Goshen, NY 10924 | Orange County | U.S. District Court for the Southern District of New York | New York Varick Immigration Court |
| Elizabeth Contract Detention Facility | 625 Evans Street, Elizabeth, NJ 07201 | Union County, NJ | U.S. District Court for the District of New Jersey | Elizabeth Immigration Court, 625 Evans Street, Room 148A, Elizabeth, NJ 07201 |
| Delaney Hall Detention Facility | 451 Doremus Avenue, Newark, NJ 07105 | Essex County, NJ | U.S. District Court for the District of New Jersey | Elizabeth Immigration Court |
| Buffalo (Batavia) Service Processing Center | 4250 Federal Drive, Batavia, NY 14020 | Genesee County | U.S. District Court for the Western District of New York | Buffalo Immigration Court (EOIR closed the Batavia court on July 24, 2026 and moved its cases to Buffalo) |
Custody and check-in questions run through the ICE ERO New York City Field Office, 26 Federal Plaza, 9th Floor, Suite 9-110, New York, NY 10278, (212) 436-9315.
Bond amounts and paying a bond
The minimum immigration bond set by statute is $1,500 (8 U.S.C. § 1226(a)(2)(A)); there is no fixed maximum, and amounts vary widely. ICE accepts the bond from an "obligor," usually a U.S. citizen or permanent resident, who must keep ICE informed of address changes. The bond is generally returned at the end of the case if every condition was met and every hearing attended. Missing a hearing can forfeit it. ICE may add conditions such as check-ins or an ankle monitor. Confirm current payment methods with ICE before paying, and never pay anyone who promises a release.
If bond is denied, or ICE does not release after bond is granted
- Appeal: either side can appeal a bond decision to the Board of Immigration Appeals, generally within 30 days (8 C.F.R. § 1003.38(b)).
- New hearing: a second bond request is possible when circumstances have materially changed (8 C.F.R. § 1003.19(e)).
- Automatic stay: in some cases DHS can block release while it appeals (8 C.F.R. § 1003.19(i)(2)). See ICE won't release after bond was granted.
- Federal habeas: when the immigration court route is closed or detention has become prolonged, see our Brooklyn habeas page.
Frequently asked questions
How soon can a bond hearing happen? It depends on the court's detained calendar and on when the request is filed. We do not promise dates. The most useful thing a family can do is gather the evidence above now, so the request is ready.
Is the bond money returned? Generally yes, after the case ends, if every condition was met and every hearing attended.
Can bond be granted with a criminal record? Sometimes. It depends on the exact offense, the sentence, and whether it falls within a mandatory-detention category. We read the conviction record and the charging document closely.
My relative entered without a visa years ago. Can they get bond? That is the central question in 2026, and the answer depends on circuit law. In the Second Circuit, see the section above. If a judge says no, ask us about habeas.
What if my relative is moved to another state? Call us with the new facility. Transfers can change which immigration court hears the bond request and which federal court would hear a habeas petition.
Talk with our Brooklyn office
Modern Law Group, P.C.
517 Brighton Beach Avenue, 2nd Floor, Brooklyn, NY 11235
Phone: (888) 902-9285
Hours: Monday to Friday, 9:00 a.m. to 5:00 p.m. Closed Saturday and Sunday.
Consultations are by appointment, in person or by video. We work in English, Spanish, Russian, Kyrgyz, Kazakh, Uzbek and Vietnamese (Vietnamese by video).
Request a consultation · Call (888) 902-9285
Attorney Deron E. Smallcomb has been licensed to practice law since 2012. Past results do not guarantee a similar outcome.
Start with a consultation: we listen, explain your options and our fees in writing, and tell you plainly if we cannot help.
Responsible attorney: Deron E. Smallcomb, admitted in California and Texas; not admitted in New York; practice limited to federal immigration law. Responsible firm: Modern Law Group, P.C., 789 Gateway Center Way, San Diego, CA 92102.
This page is general information, not legal advice. Reading it or contacting us does not create an attorney-client relationship. Every case depends on its own facts, and no result is promised. Laws and court decisions in this area change often; this page was last reviewed on October 11, 2026.