Procedural Flow Diagram Click node to inspect statutory authorities
Milestone Details Discretionary Bond
Statutory Standard & Burden
Detainee must establish by clear and convincing evidence that release will not pose a danger to persons or property and they are likely to appear for future hearings.
Procedural Remedies & Rights
Request prompt EOIR bond redetermination hearing before an Immigration Judge under 8 CFR § 1003.19. Minimum statutory bond threshold is $1,500.
Booking Photo & Disclosure Ruling
Under local IGSA holding, booking records and mugshots are subject to state public records disclosure requests, distinct from strict federal FOIA Exemption 7(C) bars.
Public Records & Booking Photo Legal Framework
Federal ICE / DHS Custody Policy
Standard: FOIA Exemption 7(C) & Privacy Act (5 U.S.C. § 552(b)(7)(C)). Federal agencies routinely withhold booking photos unless a legitimate law enforcement interest (e.g., fugitive apprehension) outweighs substantial individual privacy rights (Detroit Free Press v. DOJ, 6th Cir. 2016 en banc).
Intergovernmental Service Agreement (IGSA) County Facilities
Standard: State Open Records / Sunshine Acts. When ICE houses detainees in municipal or county sheriff facilities, the county booking blotter and intake mugshots are generated pursuant to state custody processing and are frequently public under state statutory sunshine mandates.