Immigration Bond Hearings in Texas

What an Immigration Bond Is

An immigration bond is money paid to the Department of Homeland Security to secure a detained person's release while their removal case continues. It is a guarantee of future appearance, not a fine and not a penalty. If the person attends every hearing and complies with the final order, the bond is refunded to whoever posted it.

Two separate decisions are involved. ICE makes the first custody determination. If ICE denies bond or sets an amount the family cannot pay, an immigration judge can review that decision under 8 C.F.R. 1003.19 in what is called a custody redetermination hearing. That second look is where most of the real work happens.

Who Is Eligible for a Bond

Eligibility is governed primarily by two provisions of the Immigration and Nationality Act.

INA 236(a), discretionary detention. This is the default. The person may be released on bond of at least $1,500, released on conditional parole, or kept in custody. An immigration judge has authority to review the amount.

INA 236(c), mandatory detention. Certain criminal grounds, including many controlled substance offenses, crimes involving moral turpitude with qualifying sentences, aggravated felonies, and some firearms offenses, strip the judge of bond authority entirely. No amount of equities changes the outcome if this section applies.

There is also a category of people classified as arriving aliens, who under 8 C.F.R. 1003.19(h)(2)(i)(B) generally cannot get a bond hearing before an immigration judge at all. For them the request goes to ICE as a parole request instead.

A note on the current landscape: DHS has taken expansive positions on which detainees fall under mandatory detention, particularly people who entered without inspection, and those positions have been the subject of ongoing litigation and shifting Board guidance. The practical answer can vary by court and by month. This is one of the areas where having counsel who tracks the current state of the law matters more than usual.

What the Judge Actually Decides

At a bond hearing, the burden is on the detained person. Under Matter of Adeniji, they must show they are not a danger to the community and not a flight risk. Danger is assessed first. If the judge finds the person dangerous, the analysis stops there and bond is denied regardless of family ties.

Once past danger, Matter of Guerra sets out the factors judges weigh:

• Family ties in the United States, especially U.S. citizen and permanent resident relatives
• Length of residence in the community
• Employment history and stability
• Property or business ownership
• Criminal record, including arrests without conviction
• Immigration history, including prior removals, failures to appear, and use of false documents
• Manner of entry into the United States
• The likelihood that relief from removal will actually be granted

That last factor is the one families overlook. A person with a strong, viable path to a green card is a better bond risk than someone with no relief available, because they have a reason to keep showing up. We routinely front-load evidence of the underlying case at the bond hearing for exactly this reason. If adjustment of status is realistic, the judge should hear about it in week one.

Building the Bond Packet

A bond hearing is short, often fifteen to thirty minutes. The packet does most of the work. Ours generally include:

Sponsor documentation. A letter from a U.S. citizen or permanent resident relative confirming the detained person will live with them, plus proof of that person's status, identification, and address. Judges want to know where this person will actually sleep.

Proof of community ties. Lease agreements, mortgage statements, utility bills, school enrollment records for children, church membership letters, and medical records establishing continuous presence.

Employment evidence. Letters from employers, pay stubs, W-2s, or tax returns. For clients paid in cash, we build this from money order receipts, client statements, and affidavits.

Support letters. Ten to fifteen letters from employers, pastors, teachers, coaches, and neighbors carry real weight. Specific and personal beats formal every time.

Criminal disposition records. Certified copies of the judgment for every arrest, including dismissals. Never leave the judge to guess. An unexplained arrest is treated worse than a disclosed and explained one.

Rehabilitation evidence. For clients with a DWI or similar history, completion certificates from treatment or education programs directly address the danger question.

Hardship evidence. Medical records for a dependent family member, documentation of a spouse's condition, or evidence that children have special needs.

Our Process

The Process, Step by Step

Either party can appeal a bond decision to the Board of Immigration Appeals. In limited circumstances DHS can invoke an automatic stay that delays release even after a judge orders it, which is worth understanding before a family wires money.

Common Mistakes

Waiting for the removal case to develop. Bond is a separate track. There is no reason to wait.

Paying a bond bondsman without understanding the terms. Immigration bond companies typically charge a nonrefundable percentage plus collateral. The full bond amount posted directly is refundable. The premium is not.

Hiding a criminal history from your attorney. We will find it, and so will the DHS attorney. Finding out at the hearing is how bonds get denied.

Letting the sponsor skip the hearing. A sponsor who appears in person and can answer questions about the home and the job is significantly more persuasive than a letter.

Missing a check-in after release. Release conditions may include ICE check-ins, ankle monitoring, or the Intensive Supervision Appearance Program. Violating them can result in re-detention and forfeiture of the bond.

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Lozano Law Firm

Hire a Board-Certified Immigration Attorney

Fewer than five percent of Texas immigration attorneys are Board-Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. Attorney Alfredo Lozano holds that distinction, and since founding the firm in 2006 he has brought a Marine Corps veteran's discipline, more than 20 years of immigration experience, and a fully bilingual team to every case the firm handles.

Our approach combines personalized counsel with the documentation rigor these cases demand, so your petition is prepared correctly the first time. Board Certification means the state has independently verified his experience, tested his knowledge, and confirmed his standing among peers, which is the kind of assurance that matters when your family's future is on the line.

Learn About Our Firm

Meet

Our Team

Our team includes experienced attorneys, legal professionals, and client-care specialists who share a common commitment: making the immigration process as clear and manageable as possible for every family we serve.

Alfredo Lozano

Managing Attorney

Board-Certified in Immigration and Nationality Law and a Marine Corps veteran who leads every case strategy.

Linda Hamilton

Attorney

Guides families and employers through petitions, waivers, and interviews with steady, detailed advocacy.

Minerva Gonzalez

Legal Assistant

Prepares documentation and keeps every case organized, accurate, and moving forward.

Mayra Juarez

Legal Administrator

Coordinates case management and client communication across our three Texas offices.

Meet Our Full Team

Texas-Specific Realities

Detained clients from Bexar County are commonly held at facilities in Frio and Karnes counties. Cases originating near Eagle Pass and Del Rio often route through Laredo or Pearsall, the South Texas Detention Center. Transfers between facilities happen with minimal notice and can move a case to a different immigration court mid-stream.

For San Angelo families, the distance problem is acute. There is no ICE detention facility or immigration court in Tom Green County, so a detained relative is almost certainly several hours away. We handle the facility contact, the packet assembly, and the hearing so families are not making that drive repeatedly.

One practical note specific to this region: bond amounts in South Texas courts vary meaningfully between judges. We do not promise a number. What we do is present the case in a way that gives the judge every reason to set one a family can actually pay, and we ask for a specific amount supported by documented financial capacity rather than leaving it open.

Get a Bond Hearing Started

Every day in detention is a day of lost income, missed school pickups, and mounting fear. Bond motions can be filed immediately, and the quality of the packet is usually what separates release from another month inside.

Schedule your free bond hearing consultation with The Lozano Law Firm. We are a veteran-owned, bilingual practice with offices in San Antonio, Eagle Pass, and San Angelo, and Alfredo Lozano is Board Certified in Immigration and Nationality Law and a member of the American Immigration Lawyers Association. You can also read more on our deportation defense page or about Alfredo Lozano.

Immigration Bond Hearing FAQs

Lozano Law Firm focuses exclusively on the practice areas listed above. We do not handle asylum or criminal immigration cases. When clients come to us with needs outside our scope, we refer them to trusted colleagues who specialize in those areas. Our referral network includes attorneys who handle asylum claims and criminal immigration consequences, so every person who contacts us receives direction toward the right help.

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