Toolkit · Immigration
The Immigration Detention and Bond Hearing Toolkit
8 U.S.C. § 1226(a)
- Type
- Toolkit
- Jurisdiction
- National
- Date
- 2025-02-25
- Topic
- Immigration
This toolkit collects the forms, letters, worksheets, and outlines used to locate a detained person, contest the classification, and win release on bond. It includes an intake and location worksheet, a records request for certified criminal dispositions, a categorical analysis worksheet for testing an assertion of mandatory detention, a custody redetermination request, and a full bond packet index with templates for support letters, an employer letter, and a sponsor affidavit. It also includes a supervision proposal, a client instruction sheet in plain language, a household emergency checklist for the family, a post-order custody review request built on the Zadvydas framework, a habeas petition outline, and a detention chronology for prolonged detention challenges. A routing table points to related documents elsewhere in this library.
The Immigration Detention and Bond Hearing Toolkit
Immigration > Detention, Bond, and Custody | Published 25 February 2025 - Updated 12 August 2026 | UpLaw - uplaw.us
How to use this toolkit
Bracketed text is a prompt, not language to keep. ⚠ Two cautions. First, detained dockets move in weeks — everything here is time-sensitive. Second, ⚠ nothing in this toolkit should be signed by a detained person without advice, and a stipulated removal order should never be signed at all.
Background: immigration detention, bond, and custody and held without a sentence. Sequence: locating a detained person and seeking release on bond.
Tool 1 — Intake and location worksheet
| Field | Entry |
|---|---|
| Full legal name; all names used | |
| Date and place of birth | |
| ⭐ A-number (from any prior immigration document) | |
| Date, time, place of arrest | |
| Circumstances (home, work, traffic, jail transfer) | |
| Was a detainer lodged? By whom? | |
| First facility | |
| Transfers and dates | ⚠ check locator daily |
| Current facility, address, telephone | |
| Deportation officer name | |
| Immigration court and judge | |
| Next hearing date | |
| Notice to Appear obtained? | ☐ |
| Custody determination obtained? | ☐ |
| ⭐ Authorizing provision | ☐ § 1225 ☐ § 1226(a) ☐ § 1226(c) ☐ § 1231 |
| Charged under § 1182 or § 1227? | |
| Fear of return expressed? | ⭐ Ask directly, privately, more than once |
| Language and dialect |
Tool 2 — Criminal records request
[Date] · To: Clerk of Court, [County/District] · Re: Request for certified records
Please provide certified copies of the complete record in the following matter(s):
Case: [caption] · Case number: [ ] · Defendant: [name], DOB [ ]
- The charging document (complaint, information, or indictment) as amended
- The plea agreement, and the transcript of the plea colloquy
- The judgment and sentence, showing the exact statute and subsection of conviction
- Any order modifying, vacating, or expunging the conviction, and the stated ground
- The docket sheet
Please indicate the fee and the method of payment.
[Name] · [Firm] · [Contact]
⭐ Order these first. ⚠ A rap sheet is not enough — the categorical analysis depends on the exact statute, subsection, and sentence imposed.
Tool 3 — Categorical analysis worksheet
⭐ Never concede mandatory detention without completing this.
| Question | Finding |
|---|---|
| Ground asserted by the government | |
| Statute and subsection of conviction | |
| Is this a "conviction" for immigration purposes? | [Deferred adjudication / diversion / juvenile disposition?] |
| ⚠ Vacated? On what ground? | [Legal defect generally does not count; rehabilitative generally does] |
| Elements of the state offense | |
| Elements of the generic federal ground | |
| ⭐ Is the state statute broader? | [If yes — no categorical match] |
| Is the statute divisible? | |
| If divisible, what does the record of conviction establish? | |
| Sentence imposed, including suspended time | ⚠ [One year converts many offenses] |
| Timing relative to admission (for CIMT) | |
| Petty offense or single-offense exception? | |
| ⚠ Delayed pickup argument | Unavailable — Nielsen v. Preap, 586 U.S. 392 |
| Conclusion | ☐ § 1226(c) applies ☐ ⭐ § 1226(a) — bond available |
☐ If the conviction is legally defective, consider post-conviction relief — see sentencing and corrections
Tool 4 — Custody redetermination request
[Date] · To: Immigration Court, [city] · Re: [Name], A[number]
MOTION FOR CUSTODY REDETERMINATION
Respondent respectfully requests a custody redetermination hearing pursuant to 8 U.S.C. § 1226(a) and the regulations at 8 C.F.R. part 1003 and 8 C.F.R. part 1236.
1. Eligibility. Respondent is detained under § 1226(a) and is eligible for bond. [Or: The Department asserts mandatory detention under § 1226(c). Respondent requests a bond eligibility hearing. The conviction relied on, under [statute], is categorically broader than the federal ground charged because [ ]. See Tool 3 worksheet, attached.]
2. Not a danger. [Criminal history summarized honestly, with certified dispositions attached; time elapsed; rehabilitation; treatment completed.]
3. Not a flight risk. [Years of residence; citizen family; fixed address; employment; tax history; community ties; ⭐ the relief to be sought and its documentary support.]
4. Supervision proposal. [Named sponsor with status and identification; fixed address; proposed reporting schedule; written commitment to transport Respondent to every hearing.]
5. Relief requested. Release on recognizance, or bond in a minimal amount.
[Counsel] · [Contact]
Tool 5 — Bond packet index
⭐ File in advance, tabbed and indexed, with this as the cover page. A judge with fifteen matters that morning will read the cover and skim the tabs.
BOND PACKET — [Name], A[number] Summary: [Name] has lived in the United States [] years, has [] United States citizen children, has worked at [employer] for [__] years, and will seek [relief]. [He/She/They] will reside at [address] with [sponsor], a United States [citizen/lawful permanent resident], who will transport [him/her/them] to every hearing.
Tab Contents A Identity documents; A-number B Evidence of years of residence, year by year C Family: birth certificates, marriage certificate, spouse's status D Residence: lease or deed, utilities, householder letter E Employment: employer letter, pay records, tax returns F ⭐ Letters of support G Certified criminal dispositions H Rehabilitation: program completions, treatment, counseling I ⭐ Relief: application or detailed statement, with support J Sponsor: identification, proof of status, affidavit K Supervision proposal L Medical documentation for dependents
⚠ Address the worst fact in the summary, not in a footnote. A packet that omits a conviction the judge already knows about loses credibility for everything else.
Tool 6 — Support letter template
[Date]
To the Honorable Immigration Judge Re: [Name], A[number]
My name is [ ]. I am a [United States citizen / lawful permanent resident / community member] and I live at [address]. I work as [occupation]. I am writing in support of [name]'s release.
How I know [name]. I have known [him/her/them] for [__] years, through [work / church / our children's school / the neighborhood].
What I know about [him/her/them]. [Two or three specific things you have personally observed. ⭐ Specific beats generic every time — "he drove my mother to dialysis every Tuesday for two years" is worth more than "he is a good man."]
[If applicable] What I know about the past. [If you know about the criminal history, say so and say what has changed. Silence looks like concealment.]
What I will do. [I will [drive him to every hearing / provide housing / employ him]. My address and telephone are above and I can be contacted at any time.]
I declare under penalty of perjury that the foregoing is true and correct.
[Signature] · [Printed name] · [Date] · [Telephone]
⭐ Aim for eight to fifteen of these, from different parts of the person's life, each specific.
Tool 7 — Employer letter
[Date] · On [Employer] letterhead
To the Honorable Immigration Judge — Re: [Name], A[number]
[Name] has been employed by [Employer] as a [position] since [date]. [He/She/They] work[s] [hours] per week at a rate of [$__].
In [__] years, [name] has [attendance and performance description]. [He/She/They] [supervise[s] __ people / hold[s] the following certifications].
⭐ [Name]'s position remains open, and we will re-employ [him/her/them] immediately upon release.
[Signature] · [Name, title] · [Telephone]
⚠ Ask for this in the first week. A job held for years is frequently gone within two weeks, and the letter is worth more than the wages lost while waiting.
Tool 8 — Sponsor affidavit and supervision proposal
DECLARATION OF [SPONSOR]
- My name is [ ]. I am a United States [citizen / lawful permanent resident]. [Proof attached.]
- I live at [address], which I [own / rent under a lease attached].
- My relationship to [name] is [ ].
- If [name] is released, [he/she/they] will live with me at that address. I have [__] bedrooms and [name] will have [ ].
- I will personally transport [name] to every hearing and every check-in. I have reliable transportation and my work schedule permits it.
- I will notify the court and the Department immediately of any change of address.
- [I am prepared to post bond in the amount of $__.]
- I understand that I am responsible for [name]'s appearance and that I may forfeit the bond if [he/she/they] fail[s] to appear.
I declare under penalty of perjury that the foregoing is true and correct.
[Signature] · [Date] · [Telephone] · [Identification attached]
Supervision proposal to accompany it:
☐ Reporting: [weekly / biweekly] in person at [office], beginning [date] ☐ Fixed address, with notice of any change within [48] hours ☐ Travel limited to [county / state] absent permission ☐ Telephone available at all times; sponsor as secondary contact ☐ [Willingness to accept electronic monitoring if required]
⭐ Propose something concrete. It answers the judge's actual concern rather than arguing about it.
Tool 9 — Client instruction sheet
⭐ Send this in the client's language, in writing, and go over it by phone.
WHILE YOU ARE DETAINED
⚠ 1. Do not sign anything. Especially anything called a stipulated removal or an agreement to be removed. Signing it ends your case. Say: "I want to speak to my lawyer." 2. You may remain silent. You do not have to answer questions about your immigration history without your lawyer. 3. Write down everything — dates, officer names, what was said. 4. Ask for your medications in writing, and keep a copy of every request. ⚠ 5. Tell your lawyer immediately if you are moved. 6. Tell your lawyer if you are afraid to return to your country. ⭐ This can change everything, and it is never too late to say it. 7. Do not discuss your case on recorded phone lines. 8. Give your family the list of documents your lawyer asked for.
AFTER YOU ARE RELEASED
⚠ 9. Go to every hearing. If you miss one, you can be ordered removed without being there, and that is very hard to undo. ⚠ 10. Tell BOTH the court and the Department every time you move. Two separate notices. Keep proof. ⚠ 11. Never miss a check-in. You can be re-detained. 12. Call your lawyer before you travel, change jobs, or are arrested for anything.
Tool 10 — Family emergency checklist
☐ Children: standby guardianship or power of attorney naming a caregiver, plus school and medical authorizations — ⚠ without it, a caregiver may not be able to authorize routine medical care. See powers of attorney and advance directives ☐ If an agency becomes involved with the children, act at once — see child welfare and dependency proceedings ☐ Employer letter requested in writing (Tool 7) ☐ One person designated for rent, mail, and the lease, with written authority ☐ Authorized signer added to bank accounts ☐ ⚠ Vehicle retrieved from impound — fees accrue daily and auction comes quickly ☐ Every other court notified in writing of the detention — ⚠ a default judgment entered during detention is fully enforceable ☐ Medical record of diagnoses and medications sent to the facility, copy kept ☐ Commissary and telephone account funded so the person can call counsel ☐ Document collection started for the bond packet (Tool 5)
Tool 11 — Post-order custody review request
[Date] · To: [Field Office Director] · Re: [Name], A[number] — request for release under 8 U.S.C. § 1231
1. Procedural history. A final order of removal was entered on [date]. [Name] has been detained since [date] — [__] months.
2. The standard. Detention beyond the removal period is authorized only for a period reasonably necessary to bring about removal. Six months is presumptively reasonable; beyond that, where the detainee provides good reason to believe there is no significant likelihood of removal in the reasonably foreseeable future, the government must respond with evidence sufficient to rebut that showing. Zadvydas v. Davis, 533 U.S. 678. The same construction applies to inadmissible individuals. Clark v. Martinez, 543 U.S. 371. Regulations at 8 C.F.R. part 241 and 8 C.F.R. part 1241.
3. ⭐ Full cooperation. [Name] has [signed all requested forms on ___; attended consular interviews on ___; provided identity documents on ___]. ⚠ Cooperation is documented at Exhibit ___.
4. No significant likelihood of removal. [The consulate of ___ declined to issue a travel document on ___ and again on ___. Correspondence attached. The country does not recognize [name] as a national. There is no functioning repatriation arrangement.]
5. Release plan. [Sponsor, address, employment, proposed reporting schedule.]
6. Relief requested. Release under an order of supervision.
[Counsel]
⚠ The cooperation showing is not optional. Failure to cooperate suspends the period and defeats the argument entirely.
Tool 12 — Detention chronology (for prolonged detention challenges)
| Date | Event | Requested by | Days elapsed |
|---|---|---|---|
| Arrest and initial detention | — | 0 | |
| First facility | — | ||
| Transfer to [facility] | Government | ||
| Master calendar hearing | — | ||
| Continuance | ⚠ [Government / Respondent / Court] | ||
| Individual hearing | — | ||
| Continuance | ⚠ [ ] | ||
| Decision | — | ||
| Appeal filed | |||
| Total days detained | ⭐ |
☐ ⚠ There are no automatic hearings after six months — Jennings v. Rodriguez, 583 U.S. 281, rejected that statutory reading ☐ Frame the challenge as as-applied due process: length, anticipated duration, cause of delay, substantiality of the relief claim ☐ ⭐ Attribution of delay is the heart of the chronology — government-caused continuances are the strongest entries ☐ Note that Demore v. Kim, 538 U.S. 510, rested on the premise that such detention is typically brief
Tool 13 — Habeas petition outline
PETITION FOR WRIT OF HABEAS CORPUS
1. Jurisdiction. Filed in the district of confinement, naming the immediate custodian. ⚠ Transfers change jurisdiction. 2. Parties. Petitioner; warden or facility director; field office director. 3. Custody. [Authorizing provision; date detention began; total duration — attach Tool 12.] 4. Exhaustion. [Administrative remedies pursued, or futility explained.] 5. Claim — prolonged detention. [Under 8 U.S.C. § 1226(c), as-applied due process after Jennings, 583 U.S. 281.] 6. Claim — post-order detention. [Under 8 U.S.C. § 1231; Zadvydas, 533 U.S. 678; Clark v. Martinez, 543 U.S. 371.] 7. ⭐ Relief requested. [A bond hearing before an immigration judge, with the burden on the government — courts grant this far more readily than outright release; alternatively, release under supervision.] 8. Request for expedited consideration.
⚠ What habeas does not reach: discretionary denials of relief; expedited removal determinations for recent entrants apprehended near the border, Department of Homeland Security v. Thuraissigiam, 591 U.S. 103; and removal orders themselves, which are channeled to the courts of appeals under 8 U.S.C. § 1252.
Tool 14 — Fear screening preparation
☐ ⭐ Ask directly, privately, and more than once: are you afraid to go back? Many people do not volunteer it. ☐ Where fear was not expressed at the initial encounter, request an interview and explain the omission — trauma, interpreter failure, fear of officials, or no meaningful opportunity to speak. ☐ Prepare the account: who threatened or harmed the person, when, why, and what the authorities did or refused to do. ☐ Identify the protected ground if one applies — ⚠ but do not let a legal theory suppress the facts. ☐ Confirm interpretation in the correct language and dialect. ☐ Request a re-interview where a medical condition, trauma, or interpretation affected the first. ☐ On a negative finding, request immigration judge review promptly. ☐ On a positive finding, proceed under 8 U.S.C. § 1229a with an application under 8 U.S.C. § 1158 — see asylum and humanitarian relief, a well-founded fear, and preparing and filing an asylum or humanitarian application.
Tool 15 — Post-release tracker
| Item | Date | ⚠ |
|---|---|---|
| Bond posted; receipt retained | ||
| Obligor address on file with the agency | ⚠ refunds lost here | |
| Conditions received in writing | ||
| First check-in date | ⚠ never miss | |
| Address updated with the immigration court | ⚠ | |
| Address updated with the agency | ⚠ separate filing | |
| Next hearing verified independently | ⚠ | |
| Motion to change venue filed | ||
| Relief application deadline | ⚠ abandonment risk | |
| Work authorization filed | ||
| Work authorization renewal date | ||
| Monitoring conditions reviewed for conflicts |
⭐ One sentence for the client, in writing, in their language: go to every hearing, tell both offices every time you move, and never miss a check-in.
Tool 16 — Routing table
Closing card
⭐ Three documents decide these cases: the A-number that finds the person, the certified disposition that defeats mandatory detention, and the bond packet that answers the judge's two questions with paper instead of argument.
⚠ Three failures lose them: conceding the government's classification, signing a stipulated removal order, and updating an address with one office but not the other.
⭐ One instruction for every client, in writing and in their language: go to every hearing, notify both offices of every move, and never miss a check-in.