Detention & Bond
Immigration Law · Lesson 10
Detention & Bond
這一課問的是：非公民於逐出程序待審中是否有權獲保釋？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
Is the non-citizen entitled to release on bond pending removal proceedings?
這一課問的是：非公民於逐出程序待審中是否有權獲保釋？
Trigger words & phrases that should flag this issue:
bondcustodydetentionmandatoryICE
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
ICE
Tap to see meaning
Immigration and Customs Enforcement.
ICE。
mandatory detention
Tap to see meaning
INA § 236(c): aliens with certain criminal grounds — no bond.
強制羈押。
discretionary detention
Tap to see meaning
§ 236(a): general authority; bond available.
裁量羈押。
bond hearing
Tap to see meaning
Before immigration judge.
保釋聽證。
flight risk
Tap to see meaning
One factor in bond determination.
逃跑風險。
danger to community
Tap to see meaning
Another bond factor.
社區危險。
Zadvydas v. Davis
Tap to see meaning
Limits indefinite post-removal-order detention.
Zadvydas。
Rule Sentence · the workhorse
Most non-citizens in removal proceedings may seek release on bond before an immigration judge under INA § 236(a) based on flight risk and danger; however, INA § 236(c) mandates detention without bond for non-citizens with certain criminal convictions or terrorism-related grounds.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人detained non-citizen受羈押非公民
Act 行為seeking bond求保釋
Object 對象release pending proceedings程序中釋放
Standard 法律標準§ 236(a) flight/danger; § 236(c) mandatory§ 236(a) 逃跑/危險；§ 236(c) 強制
Consequence 後果release or continued detention釋放或繼續羈押
Casebook Snapshot · a real American case
Zadvydas v. Davis
Holding. Statutes authorizing detention after final removal order do not permit indefinite detention. Detention beyond 6 months is presumptively unreasonable where removal is not significantly likely in the reasonably foreseeable future.
Why it matters. Zadvydas limits indefinite detention even of removable non-citizens — DP protects against permanent detention.
Zadvydas：終局命令後羈押超 6 個月推定不合理。
Common Mistakes · what trips students
✗ all detention 自動 bond。
✓ § 236(c) mandatory detention bars bond.
§ 236(c) 不可保釋。
Mini IRAC · build the Application
Issue. Is P, in mandatory detention under § 236(c) for an aggravated felony conviction, entitled to a bond hearing?
Rule. Under INA § 236(c), non-citizens with specified criminal convictions are subject to mandatory detention without bond.
Application (model). P has an aggravated felony conviction triggering § 236(c) mandatory detention. Because § 236(c) requires detention without bond for non-citizens with qualifying criminal grounds, the fact that P's conviction falls within the § 236(c) categories means P is subject to mandatory detention without a bond hearing on flight risk/danger.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, P is generally not entitled to a bond hearing under current doctrine, though Jennings v. Rodriguez did not foreclose constitutional challenges to prolonged detention.
MBE Check · multiple choice
P is detained under § 236(c) for an aggravated felony. After 6 months in custody, his removal hearing still pending. What recourse?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: