8 CFR 236.1 is the federal regulation that governs how the Department of Homeland Security arrests, detains, and releases people during removal proceedings. It sets the framework for warrant-based arrests, the 48-hour custody determination, bond decisions by the district director, and the path to a bond redetermination hearing before an immigration judge. The rule works alongside INA Section 236(c), which pulls certain people out of the bond system entirely, and 8 CFR 1003.19, which lets DHS freeze a judge’s release order on appeal. Getting the pieces straight matters, because the difference between eligible for bond and subject to mandatory detention, or between a 10-day and a 30-day appeal window, can decide whether you spend weeks or months in custody.
How the Arrest Happens
Immigration officers can arrest with or without a warrant, and the two authorities live in different regulations. Under 8 CFR 236.1(b), an officer holding a Form I-200 Warrant of Arrest may take the named person into custody at any point from the issuance of a Notice to Appear through the end of removal proceedings.1eCFR. 8 CFR 236.1 – Apprehension, Custody, and Detention The warrant commands the arresting officer to take that individual into custody for proceedings under the Immigration and Nationality Act.2U.S. Immigration and Customs Enforcement. Form I-200 – Warrant for Arrest of Alien
Warrantless arrests fall under 8 CFR 287.8(c). An officer may arrest without a warrant only when the officer has reason to believe the person has committed an immigration violation and is likely to escape before a warrant can be obtained.3eCFR. 8 CFR 287.8 – Standards for Enforcement Activities “Reason to believe” requires specific facts, not a hunch. Subsection 236.1(a) is sometimes miscited for this authority; that subsection actually addresses detainers issued under 8 CFR 287.7.
The First 48 Hours
After the arrest, DHS has 48 hours to make a custody determination under 8 CFR 287.3(d). Within that window, the agency decides whether to keep you detained, release you on bond, or release you on your own recognizance, and whether to issue a Notice to Appear and warrant.
The Form I-862 Notice to Appear is the charging document that formally opens removal proceedings and sets out why DHS believes you should be removed.4Executive Office for Immigration Review. The Notice to Appear You must be told the reasons for your detention and informed of your right to hire counsel, though the government will not provide an attorney. The initial custody decision is recorded on Form I-286, Notice of Custody Determination, available from the DHS office or facility handling your case.
Who Cannot Get Bond
Before preparing for a bond hearing, confirm you are eligible for one. INA Section 236(c) requires mandatory detention for several categories, and it catches more people than most expect. You are subject to mandatory detention if you have certain criminal convictions, including offenses involving moral turpitude, controlled substance offenses, aggravated felonies, firearms offenses, and crimes carrying a sentence of at least one year. Two or more crimes involving moral turpitude that don’t arise from a single scheme also trigger it. Anyone inadmissible or deportable on security or terrorism grounds is likewise held without bond.
The only statutory release valve is narrow: the Attorney General may release someone from mandatory detention when necessary to protect a witness cooperating with a major criminal investigation, and only if the person shows they won’t endanger anyone and will appear for proceedings.5Reginfo.gov. INA ACT 236 – Apprehension and Detention of Aliens
Challenging a Mandatory Detention Classification
If you believe DHS wrongly classified you as a mandatory detainee, you can request a Joseph hearing before an immigration judge. The question is whether the government is substantially unlikely to prove you fall within a mandatory detention category. In most jurisdictions, you carry the burden of showing the classification is wrong. In the Third Circuit, DHS bears the burden of proving by a preponderance of the evidence that mandatory detention applies. A timely Joseph hearing can move you from indefinite custody to a regular bond hearing.
Bond Standards and Amounts
For people not subject to mandatory detention, 8 CFR 236.1(c) gives the district director discretion to release you on bond, grant conditional parole, or keep you detained. The minimum bond is $1,500, and actual amounts almost always run higher based on the facts of the case.6eCFR. 8 CFR 236.1 – Apprehension, Custody, and Detention – Section C There is no statutory maximum.
Two factors drive every bond decision: whether you pose a danger to the community and whether you’re likely to appear at future hearings. Judges weigh criminal history, community ties, employment, family relationships, and length of residence in the United States. Someone with steady work, U.S. citizen children, and a clean record will see a very different result than someone with prior deportations or missed court dates.
Release Without Cash
Release doesn’t always require money. Conditional parole typically comes with restrictions such as periodic ICE check-ins, geographic limits, or electronic monitoring. Release on recognizance frees you on your promise to appear, without posting bond. Violating any condition can lead to re-arrest and forfeiture of any bond already paid.
ICE also runs the Intensive Supervision Appearance Program (ISAP) as an alternative to physical detention. If you’re placed in ISAP, ICE decides which monitoring method applies and the program runs through three phases keyed to your case status: pre-order while hearings are pending, post-order after a removal decision, and appeal while a decision is before the Board of Immigration Appeals. Failing to comply, including letting a GPS device run out of charge, can escalate you back into detention.
Asking a Judge to Redetermine Your Bond
If DHS sets a bond you can’t afford or denies release outright, you can ask an immigration judge to review that decision under 8 CFR 236.1(d). The request can be made at any time before a final removal order, and the judge has full authority to lower the amount, change conditions, or order release on recognizance.7eCFR. 8 CFR 236.1 – Apprehension, Custody, and Detention – Section D File your motion and evidence with the immigration judge who has jurisdiction over your case, using the court’s electronic filing system or the clerk’s office by mail. The court will then issue a notice with the hearing date.
What to Bring
Vague promises don’t move a bond hearing. Documents do. To show community ties and stability, gather marriage certificates, birth certificates for children, and evidence that your family depends on you financially or as a caregiver. Bring recent pay stubs, a letter from your employer, or a formal job offer if you’re not yet working. Provide a lease, mortgage documents, or a letter from someone offering you a place to live. Add letters from religious leaders, teachers, neighbors, or community organizations who know you personally.
To address financial capacity and the danger-to-community standard, compile bank statements, tax returns, and a full record of your criminal history or lack of one. If you have prior convictions, evidence of rehabilitation, completed programs, or time elapsed since the offense can shift the judge’s assessment. The point is to give the reviewer a complete picture of your life and reasons to stay.
Paying the Bond
Immigration bonds are executed on Form I-352. Signing as the obligor commits you to the stipulated conditions, and the bond is considered breached if there is a substantial violation. You are released from liability only when the conditions have been substantially fulfilled.8eCFR. 8 CFR 103.6 – Immigration Bonds
ICE runs an online system called CeBONDS (Cash Electronic Bonds) for posting cash bonds. It’s open to U.S. citizens, lawful permanent residents, law firms, and nonprofit organizations, and individuals in proceedings can use it to post their own voluntary departure or order of supervision bonds. Payment goes by Fedwire or ACH transfer during bond posting hours, Monday through Friday, 9 a.m. to 3 p.m. in the time zone where the detainee is held. Verification usually takes one to two hours; requests received outside those hours roll to the next business day.9U.S. Immigration and Customs Enforcement. Post a Bond
Identity verification is required. U.S. citizens can use a passport, birth certificate, naturalization certificate, or REAL ID-compliant driver’s license. Permanent residents need a green card or military ID. Law firms and nonprofits must provide IRS employer identification number documentation and a letter authorizing their representative.9U.S. Immigration and Customs Enforcement. Post a Bond
Private surety bond companies are an alternative to posting the full cash amount. You pay a non-refundable premium, typically around 1% to 10% of the bond, and the company guarantees the rest. The tradeoff is that you don’t tie up the full sum but the premium is gone regardless of outcome.
Getting the Money Back
If the bond conditions are satisfied, meaning the person appeared at all required proceedings and complied with all terms, the obligor is released from liability and entitled to a refund of a cash bond. The district director decides whether a bond has been breached or should be cancelled and notifies the obligor using Form I-323 or Form I-391.8eCFR. 8 CFR 103.6 – Immigration Bonds A breach determination creates a claim in favor of the United States that no individual officer can release, so attending every hearing and meeting every condition matters. Refunds often take several months to process even when nothing goes wrong.
When a Winning Bond Order Doesn’t Mean Release
Winning a bond hearing doesn’t always mean walking out. Under 8 CFR 1003.19(i)(2), an automatic stay kicks in if DHS originally set your bond at $10,000 or more, or if DHS determined you should not be released at all. In those cases, the judge’s release order is frozen the moment DHS files a notice of intent to appeal (Form EOIR-43) with the immigration court within one business day of the decision. The stay stays in place until the Board of Immigration Appeals rules. Even outside the automatic stay provisions, DHS can ask the Board for a discretionary stay at any time.10eCFR. 8 CFR 1003.19 – Custody/Bond
If your original bond was set at $10,000 or higher, plan for the possibility that DHS will appeal and trigger an automatic stay even after a favorable ruling.
Appealing to the Board of Immigration Appeals
If the immigration judge denies your bond or sets an amount you consider too high, you can appeal to the Board of Immigration Appeals. A major change took effect in 2026: the appeal deadline dropped from 30 days to 10 calendar days for most cases. The 30-day deadline now survives only in cases where an immigration judge denied an asylum application on grounds other than the safe-third-country, firm-resettlement, or one-year filing deadline provisions.11Federal Register. Appellate Procedures for the Board of Immigration Appeals Missing the 10-day window means losing the appeal, so treat that deadline as absolute.
The Board reviews the immigration judge’s decision on the record to determine whether the law was applied correctly. Its decision is generally final, though limited administrative remedies such as a motion to reconsider or reopen may be available in narrow circumstances.