CAN I BE RELEASED FROM CUSTODY?

In most cases, yes. Upon arrest an alien should be "examined without unnecessary delay" by an immigration officer If the immigration officer finds prima facie evidence that the person arrested is in violation then the officer can initiate removal proceedings. A detained alien may be held without a warrant for forty eight hours, however within that time immigration officials must determine whether the alien will continue to be detained or released on bond.

CAN I BE HELD WITHOUT BAIL?

A detained alien will usually NOT be granted bail, if:

1.) There is a final order of deportation pending against the alien.

2.) The alien has been found guilty of certain criminal offenses.

3.) The alien has failed to appear for hearing(s) in an immigration court.

4.) The alien represents a danger to the public OR is a "person of interest" under federal terrorism standards.

CAN I APPEAL AN IMMIGRATION JUDGE'S ORDER?

Yes, an individual can apply to the Board of Immigration Appeals (BIA) for a redetermination of bail or other decision of the Department or Judge. ONE MORE HURDLE.

You HAVE to attend your hearing(s) or voluntarily depart the United States by the date stipulated on your order. Bonding from custody does NOT mean that your ordeal is over! You have to "follow through".