Immigration Detention & Bond Attorney

When ICE arrests someone, the first days decide whether that person spends the case at home or in a detention facility far away. Capitol Law Partners represents detained immigrants and their families from the moment of arrest: locating the person, arguing bond hearings, appealing bond denials to the Board of Immigration Appeals, and filing habeas corpus petitions in federal court when detention is unlawful.

What an immigration detention attorney does for you

Locate the detained person and identify the facility, field office and deportation officer.
Obtain the charging and custody documents and request a bond hearing immediately.
Contest mandatory detention through a Matter of Joseph hearing where the charge does not fit.
Build the bond packet, argue the hearing, appeal an adverse decision and file habeas where no hearing is available.

How ICE arrests happen

At home or in public. An administrative warrant, Form I-200 or I-205, does not authorize entry into a home without consent; a judicial warrant does.
At check-ins. People reporting under an order of supervision or Alternatives to Detention are increasingly detained at the appointment.
At courthouses. In 2025 ICE has arrested people at immigration court, often right after DHS moves to dismiss the case for expedited removal.
After a local arrest. Under 8 CFR 287.7, ICE lodges a detainer, Form I-247A, asking the jail to hold the person up to 48 hours past release.
At the border or an airport. People arriving without valid documents may be detained by Customs and Border Protection and transferred to ICE.

The first 48 hours

Under 8 CFR 287.3, ICE is to decide within 48 hours of a warrantless arrest whether to issue a Notice to Appear and whether to continue custody. The ICE Online Detainee Locator shows the facility if you have the A-number, printed on any immigration document, or the person's exact name, date of birth and country of birth. The Notice to Appear, Form I-862, lists the charges, and the Form I-286 custody determination states whether ICE will detain without bond, release on bond or release on recognizance and contains the box to request review by an immigration judge. We make sure that box is checked and nothing else is signed.

Bond hearings before the immigration judge

Under INA 236(a), most people arrested inside the United States may ask an immigration judge to redetermine custody in a separate hearing, often held within days of the request. Under Matter of Guerra, 24 I&N Dec. 37 (BIA 2006), the respondent must show that he or she is not a danger to persons or property and not a flight risk. The judge weighs a fixed address and length of residence, family ties, employment, court appearance record, criminal history and rehabilitation, immigration violations and manner of entry, and eligibility for relief.

A second hearing requires materially changed circumstances, so the first must be prepared carefully. Either side may appeal to the Board within 30 days, and a Board appeal takes months, so we usually pursue a bond appeal alongside a habeas petition.

Mandatory detention and the Joseph hearing

INA 236(c) requires detention without bond for people removable on specified criminal and security grounds, including controlled substance offenses, aggravated felonies, firearms offenses and certain crimes involving moral turpitude. The Laken Riley Act, signed in January 2025, extended mandatory detention to people who entered without inspection or by fraud and have been arrested for, charged with or convicted of theft, burglary, larceny, shoplifting, assault on a law enforcement officer, or an offense causing death or serious bodily injury. A person held under 236(c) may request a Matter of Joseph hearing to show that DHS is substantially unlikely to prevail on the triggering charge, and we analyze every conviction under the categorical approach first.

The 2025 dispute over bond for people who entered without inspection

In 2025 the government took the position that anyone who entered without inspection is an applicant for admission detained under INA 235(b) rather than 236(a) and cannot receive immigration judge bond, however long they have lived here. The Board of Immigration Appeals adopted that position in a 2025 precedent decision. Federal district courts have split, with many ordering bond hearings and some agreeing with the government. We confirm the current rules at each consultation, request the bond hearing to preserve the record, and file a habeas corpus petition when the judge refuses to hear bond.

Paying the bond

The obligor who posts the bond must be a U.S. citizen or lawful permanent resident with valid identification. Bonds are paid online through ICE's CeBONDS system or in person at an ICE bond acceptance office, and we confirm accepted payment methods before the obligor travels. The obligor agrees to ensure the person attends every hearing and complies with any final order, and is refunded when the case ends if those conditions were met.

ICE enforcement tools

Orders of supervision for people with final orders who cannot be removed.
Alternatives to Detention, including ankle monitors, smartphone check-ins and in-person reporting.
Stays of removal requested from ICE on Form I-246, separate from stays granted by the immigration judge, the Board or a court.
Expedited removal under INA 235(b)(1), expanded in January 2025 to its full statutory reach, covering people not admitted or paroled who cannot show two years of presence, subject to a credible fear interview.
Reinstatement of removal under INA 241(a)(5) for people who reentered after a prior order, leaving only withholding of removal and Convention Against Torture protection through a reasonable fear interview.

Know your rights

You may remain silent and ask for a lawyer. There is no appointed counsel in immigration court, but you may hire one and call one from detention.
Do not sign anything without counsel; forms offered at arrest may be stipulated removal or voluntary departure agreements that give up your hearing.
Most people have the right to a hearing before an immigration judge; expedited removal, reinstatement and administrative removal are the exceptions.

Detention and your pending case

Detained asylum cases move to an accelerated docket, with hearings in weeks rather than years. A pending or approved Form I-130 from a U.S. citizen or permanent resident relative is strong bond evidence because it shows a path to a green card. Young people with pending Special Immigrant Juvenile Status petitions face new exposure after USCIS changed its SIJS deferred action policy in 2025, though an approved I-360 remains a significant equity in bond and removal proceedings. Where USCIS delay stands between a detained client and relief, our mandamus practice can force a decision.

Common problems

Transfer to a distant facility before counsel is retained, which changes the court and the case law.
Bond packets without certified criminal dispositions, leaving the judge to assume the worst.
Missed check-ins or unreported address changes leading to re-arrest.

Why Capitol Law Partners

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School whose practice spans immigration, removal defense and federal litigation, so a detained client's bond hearing, habeas petition and underlying case are handled by one team. We work in English, Turkish, Spanish, Portuguese and French. From our offices in Washington, DC, Herndon, Virginia, New York and Minneapolis, we represent people held in ICE processing centers, contract facilities and county jails across Virginia, Maryland, New York and Minnesota. Detention consultations are available by phone and video for family members.

Learn more

Talk to an immigration detention attorney

If ICE has arrested a family member, call us with the person's name, date of birth and A-number, and we will locate them and explain what can be done in the next 48 hours. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

How do I find out where ICE is holding my family member?

Use the ICE Online Detainee Locator. You will need the person's A-number and country of birth, or the exact name, date of birth and country of birth. The locator is not updated instantly and does not list people under 18, so if you cannot find the person, call the ICE field office or ask us to check. Note the facility, because it determines the immigration court and the federal court for any habeas petition.

How quickly can a bond hearing be scheduled?

Once a request is made, detained bond hearings are typically scheduled within days to a couple of weeks, depending on the court. The request can be made by checking the box on Form I-286 or by filing a written motion with the immigration court. Because only one hearing is generally available unless circumstances change materially, we use that time to assemble the bond packet rather than rushing in unprepared.

Who can pay an immigration bond?

The obligor must be a U.S. citizen or lawful permanent resident, at least 18 years old, with valid government identification. Payment is made online through ICE's CeBONDS system or in person at an ICE bond acceptance office. The obligor is responsible for the person's appearance at hearings and compliance with any final order, and receives the bond back when the case ends if those conditions are met.

What is mandatory detention?

Under INA 236(c), people who are removable on specified criminal or security grounds must be detained without bond for the length of their removal proceedings. The Laken Riley Act of 2025 added theft-related and other offenses for people who entered without inspection or by fraud. A Matter of Joseph hearing lets you argue that the charge does not actually apply to you, and prolonged mandatory detention can be challenged by habeas petition in federal court.

I entered without a visa years ago. Can I still get bond?

In 2025 the government and the Board of Immigration Appeals took the position that people who entered without inspection are detained under INA 235(b) and cannot receive bond from an immigration judge, regardless of how long they have lived here. Many federal courts have rejected that view and ordered bond hearings; others have accepted it. We request the hearing to preserve the record and file a habeas petition if the judge declines, after confirming the current law in your district.

What should my family do if ICE comes to the house?

Stay calm, do not open the door unless officers show a warrant signed by a judge, and ask to see it through a window or under the door. If arrested, say clearly that you want to speak to a lawyer and that you will not sign anything without one. Do not lie or present false documents. Memorize a family phone number, and make sure someone at home knows where your immigration documents are kept.

Can ICE transfer my family member to another state?

Yes. ICE regularly moves detainees between facilities and to large detention centers in other states, sometimes within days of arrest and without notice to the family. A transfer changes the immigration court hearing the case and the federal district court for any habeas petition. Filing quickly matters, and a habeas petition can ask the court to bar transfer while it decides the case.

What happens to my asylum or green card case while I am detained?

It continues, faster. Detained asylum cases are heard on an accelerated docket, often within weeks. A pending family petition with USCIS continues to be processed and, if approved, the immigration judge may be able to decide your adjustment of status. A pending or approved petition is also important bond evidence. We coordinate the detention work with the underlying case so release and relief move together.