A Guide to Obtaining Release From Immigration Detention | CLINIC

A Guide to Obtaining Release From Immigration Detention

May 2018

This guide provides strategies for practitioners seeking a client’s release from immigration detention. It focuses on the nuts and bolts of preparing for and representing a client during immigration court bond hearings. It also provides an overview of the immigration detention system, discusses the legal authority for different types of immigration detention, and covers the process for appealing a bond decision to the Board of Immigration Appeals. Accompanying this guide are sample materials provided by practitioners that may be of use in preparing bond cases.

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Sample Materials

Acknowledgements & Disclaimer: The below sample documents were generously provided to the authors by advocates in the field. Some may be jurisdiction-specific or reflect practices that are no longer current. They are not a substitute for independent research and investigation into local practices. CLINIC does not vouch for the accuracy or substance of any of these documents; they are intended rather for illustration.


A. Documents Related to Case Assessment and Intake 

B. Documents Related to Gathering Evidence for the Bond Hearing

C. Preparing for the Bond Hearing  

D. Sample Immigration Court Filings Bond Hearing    

E. Sample Filings Regarding Successive Requests for a Bond Redetermination (Changed Circumstances)

F. Sample Immigration Court Filings Post Release       

G. Sample BIA Appeal Documents      

H. Documents Related to Bond and Parole Requests with DHS  

I. Sample DHS and Immigration Court Documents