The controlling provisions for bond/custody redetermination hearings before an Immigration Judge are found at INA § 236; 8 C.F.R. §§ 1003.19 and 1236.1:
A bond hearing may be requested orally or in writing. 8 C.F.R. § 1003.19(b). The IJ may allow a telephonic request. Id.
An IJ may not redetermine custody status sua sponte. Matter of P-C-M-, 20 I&N Dec. 432, 434 (BIA 1991).
The bond hearing is separate and apart from, and shall form no part of the removal hearings. 8 C.F.R. § 1003.19(d). However, the same IJ can hear both the bond and merits hearings. Flores-Leon v. INS, 272 F.3d 433, 440 (7th Cir. 2001).
There is no right to discovery in bond proceedings. Matter of Khalifah, 21 I&N Dec. 107, 112 (BIA 1995).
The IJ may give DHS additional time to conduct a security check before setting the bond hearing. 8 C.F.R. § 1003.47(k).
The IJ may raise or lower bond. Matter of Spiliopoulos, 16 I&N Dec. 561, 562-63 (BIA 1978).
DHS and the IJ may not deny bond or use bond punitively because the alien sought judicial review. Matter of Au, 13 I&N Dec. 133, 138 (BIA 1968) (“To deny enlargement to an otherwise bailable alien merely because he has sought judicial review would constitute an impermissible restraint on the statutory right of judicial review, however justified the District Director might be in his conclusion that the litigation is frivolous and brought solely for delay.”).
The IJ cannot force a person to give DHS information as a condition of release. United States v. Witkovich, 353 U.S. 194, 202 (1957).
The determination of an IJ with respect to custody status of bond redetermination shall be entered on the appropriate form and the parties shall be informed orally or in writing of the reasons for the decision. 8 C.F.R. § 1003.19(f).
*DHS Notification of Alien’s Custody Status: While any proceeding is pending before EOIR, DHS shall immediately advise the Immigration Court having administrative control over the Record of Proceeding of a change in the respondent’s custody location or of release from DHS custody, or subsequent taking into DHS custody, of a respondent. This notification shall be in writing and shall state the effective date of the change in custody location or status, and the respondent’s current fixed street address, including zip code. 8 C.F.R. § 1003.19(g); see also 8 C.F.R. § 1236.1(f).