Guide · Immigration
Immigration Detention, Bond, and Custody: A Comprehensive Guide to Hearings, Release, and Alternatives
8 U.S.C. § 1225
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-06-21
- Topic
- Immigration
This guide covers immigration custody from arrest through release, organized around the statutory provision that authorizes the detention in a given case. Part one covers the civil nature of the detention and the consequences that follow from it, and part two covers the four authority provisions and how to determine which applies. Part three covers locating a detained person and the documents to obtain first. Part four covers discretionary detention and the bond hearing, including the evidence that moves judges on flight risk and danger. Part five covers mandatory detention and the categorical analysis that frequently defeats it, and part six covers post-order detention and the six-month framework. Part seven covers expedited removal, fear screening, and parole. Part eight covers alternatives to detention, conditions of confinement, and the special rules for children. Part nine covers habeas corpus and the limits on judicial review, and part ten supplies practice checklists for counsel and for families.
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