What Is Form I-391? Refund, Breach Notice, and CeBONDS

Form I-391, “Notice — Immigration Bond Cancelled,” is the document U.S. Immigration and Customs Enforcement sends to the person who posted a cash immigration bond once the bond is no longer in effect. Receiving it means the obligor’s financial liability has ended and the deposit, plus any interest that accrued while the government held it, can be refunded.1Federal Register. Immigration Bond Notifications

When ICE Cancels a Bond and Issues Form I-391

An immigration bond stays active until ICE formally cancels it by issuing Form I-391.2ICE. Detention Management – Bonds The regulation on point, 8 CFR 103.6, provides that “substantial performance of all conditions imposed by the terms of a bond shall release the obligor from liability.”3eCFR. 8 CFR 103.6 – Immigration Bonds

What actually triggers cancellation depends on the type of bond:

  • Delivery bond: cancelled when ICE takes the individual back into custody, removes them from the United States, or the individual dies, provided no breach has already occurred.2ICE. Detention Management – Bonds
  • Voluntary departure bond: cancelled when an immigration judge grants voluntary departure and the obligor provides proof that the individual left on time, or if the individual dies before the departure date.2ICE. Detention Management – Bonds
  • Order of supervision bond: cancelled when the individual complies with all terms of the order of supervision while it remains in effect.2ICE. Detention Management – Bonds

More broadly, ICE cancels a bond once the underlying immigration case has ended and the person obtained legal status, was deported, departed voluntarily, or left the country before proceedings concluded.4Stanford Law School. Immigration Bond One-Pager

How to Claim the Refund

Only cash bonds deposited directly with ICE or DHS are refundable by the government. If you paid a private surety company to post the bond, the premium you paid that company is its fee, not a government deposit, and the government does not refund it.4Stanford Law School. Immigration Bond One-Pager

Once ICE cancels the bond, it mails the I-391 to the address on the bond contract. If you posted through the CeBONDS electronic platform, the notice may be delivered inside that system.1Federal Register. Immigration Bond Notifications To request the refund, mail the following originals to the Debt Management Center:

  • Form I-391, the cancellation notice from ICE.
  • Form I-305, “Receipt of Immigration Officer,” which you were given when you posted the bond.
  • Form I-352, the bond contract, if you have it.

If Form I-305 has been lost, you can substitute a completed and notarized Form I-395, “Affidavit in Lieu of Lost Receipt.”4Stanford Law School. Immigration Bond One-Pager Without either the original receipt or that notarized affidavit, the Debt Management Center will not process the refund.5Nolo. Paid an Immigration Bond – How to Get Money Back

Where to Send It

Mail the package to:4Stanford Law School. Immigration Bond One-Pager

Debt Management Center
Attention: Bond Unit
P.O. Box 5000
Williston, VT 05495-5000

For questions after a cancellation or breach notice, the Financial Service Center in Burlington can be reached at 877-491-6521, Option 1, or by email at BondRefund.HelpDesk@ice.dhs.gov.2ICE. Detention Management – Bonds The Debt Management Center’s direct number is (802) 288-7600.4Stanford Law School. Immigration Bond One-Pager

How Long It Takes and What You Get Back

Once the Debt Management Center has the required paperwork, refunds generally take about four weeks to process.4Stanford Law School. Immigration Bond One-Pager Measured from the day the case concludes to the day a check arrives, the process can run a couple of months.5Nolo. Paid an Immigration Bond – How to Get Money Back

The refund is the original deposit plus interest. By statute, interest on cash immigration bonds accrues from the date of deposit and is capped at 3% per year.6GovInfo. 8 CFR 103.67Office of the Law Revision Counsel. 8 USC 1363 – Deposit of and Interest on Cash Received Treasury sets the exact quarterly rate using 91-day Treasury bill yields, but it cannot exceed that 3% ceiling.8Federal Register. Interest Rate Paid on Cash Deposited to Secure ICE Immigration Bonds

If You Never Received Your I-391

The most common breakdown in the refund process is simple: the I-391 goes to whatever address is on the bond contract, and immigration cases can drag on for months or years, so notices routinely land at addresses obligors no longer live at.9Justia. Getting Back Your Bond

To keep your address current, file ICE Form I-333, “Obligor Change of Address.” A separate form is required for each bond you hold. It can be mailed to the enforcement office where the bond was posted or delivered in person to an ICE Enforcement and Removal Operations office.10ICE. ICE Form I-333

If the notice never came and you believe the case is over, don’t assume the money is gone. The Stanford Immigrants’ Rights Clinic advises contacting the ICE field office that handled the case to ask about the bond’s status.4Stanford Law School. Immigration Bond One-Pager Field office contact information is at ice.gov/contact/ero.

Two other issues delay refunds. A lost Form I-305 receipt requires the notarized Form I-395 substitute before the Debt Management Center will act. And if the bonded individual left the country through voluntary departure, the bond is not cancelled until ICE receives official proof of departure from a U.S. consulate or embassy abroad; if the departure happened outside a voluntary departure order, the obligor has to supply evidence such as boarding passes or passport stamps.5Nolo. Paid an Immigration Bond – How to Get Money Back

When ICE Sends a Breach Notice Instead

If the bonded individual violated the conditions of release, by missing a court hearing or an ICE check-in for example, ICE declares the bond breached rather than cancelled and sends Form I-323 in place of Form I-391.3eCFR. 8 CFR 103.6 – Immigration Bonds A breached bond means the principal is forfeited to the federal government, though the obligor is still entitled to any interest that accrued on the deposit.2ICE. Detention Management – Bonds

A breach determination can be challenged through an administrative appeal, and failing to file a timely appeal waives all defenses and allows ICE to begin collecting on the debt.11Cornell Law Institute. 8 CFR 103.6 – Immigration Bonds If ICE later determines a breach was issued in error, it can rescind the decision using Form 71-042 and either reinstate or cancel the bond.1Federal Register. Immigration Bond Notifications

Electronic Delivery Through CeBONDS

A final rule effective January 6, 2025 formalized ICE’s authority to serve Form I-391, along with breach notices (I-323), delivery demand notices (I-340), and breach reconsideration notices (Form 71-042), electronically through the CeBONDS system.1Federal Register. Immigration Bond Notifications Electronic service is voluntary. An obligor has to consent, and if ICE cannot confirm that the electronic notice was opened, the notice must be reissued by mail.3eCFR. 8 CFR 103.6 – Immigration Bonds Opening the notice inside CeBONDS counts as valid proof of service. If you posted a bond through CeBONDS, check the platform as well as your mail.