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Detention & Bond

When someone is detained by immigration authorities, time matters. Quick, careful action can make a real difference.

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What it is

This area covers representation for people detained by immigration authorities — including bond hearings and requests for release — alongside the defense of the underlying case.

What the process can look like

A prompt review of the case; a bond hearing where eligibility allows; requests for release; and continued defense of the matter that led to detention.

How Montoya Law Group approaches it

Detained cases move quickly and demand fast, organized preparation. The focus is on acting promptly and presenting a clear, well-supported case.

Who can ask for bond

Many people detained by immigration authorities may ask an immigration judge to set a bond. Some may not: the law makes detention mandatory for certain criminal grounds and for certain arriving noncitizens. Determining which side of that line a case falls on is the first task, because it dictates strategy — a bond motion in one case, alternative avenues in another.

Preparing a bond hearing

At a bond hearing the judge weighs two questions: danger to the community and risk of flight. The answer is evidence — a stable address, family and community ties, work history, a sponsor's letter, proof of rehabilitation where relevant, and the reasons the person will appear at every future hearing. Assembling that package quickly and completely is what moves these hearings. Time matters in detained cases; so does getting it right the first time, because repeat bond requests face higher hurdles.

Locating someone who has been detained

The first hours after an immigration arrest are disorienting for a family. A detained person can usually be located through ICE's online detainee locator using their A-number or full biographic details, though transfers between facilities are common and the record can lag. Establishing where the person is held, which court has the case, and whether a hearing date already exists is the necessary first step before any bond strategy.

Where a consultation begins

A consultation establishes where the person is held, whether bond is legally available, what evidence the hearing would need, and how the detained case connects to the removal case that follows it.

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This page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case depends on its own facts, and prior results do not guarantee a similar outcome. Consult a qualified immigration attorney about your situation. This website is attorney advertising.