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Can I get my immigration bond money back now that my BIA appeal is on administrative closure to file for deferred act

Katy, TX |

My BIA appeal from my judge was put on administration closure. Can I get my bond money back because I need the money to pay for my deferred action paperwork and I don't have a job

Attorney Answers 2


Sure, you can apply ... but don't hold your breath ... it will probably take 6-8 months before you get a check.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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I would add that it is not entirely clear that you will be able to get your money back unless and until the case is actually terminated (not just administratively closed), although the last I checked, some ICE offices were handling this issue differently.

Here are the instructions on the actual bond form (with my capitalization added for emphasis):

The express language of the bond shall take precedence over any inconsistent policies or statements. Federal law shall apply to the interpretation of the bond, and its terms shall be strictly construed.
Provided it has the concurrence of the government and it does not change the amount of the bond, an obligor may re-bond the alien at any time and at no expense to the government. Cancellation of a bond issued as a delivery bond shall occur upon any of the following, provided they occur prior to the date of a breach: DHS' taking the alien back into its custody; deportation/exclusion/removal of the bonded alien; grant of permanent residence to the bonded alien; notice of the detention of the bonded alien for 30 or more days pursuant, or prior, to a conviction by local, state, or federal authorities; termination of deportation/removal proceedings (BUT NOT ADMINISTRATIVE CLOSURE or stay of such proceedings); death of the bonded alien; voluntary departure by the bonded alien as evidenced by valid proof thereof; or other circumstances as provided by statute or regulation. Cancellation for these reasons is automatic, and any subsequent appearance demand, or attempt to breach the bond, is null and void. The bond will not be canceled solely because the bonded alien is detained for less than 30 days by any local, state, or federal government agency.

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