ICE Enforcement and Removal Operations (ERO) issues Form I-286 (Notice of Custody Determination). Officer decides whether to release on recognizance, set cash bond ($1,500 min), or detain without bond.
8 C.F.R. § 287.3(d) / INA § 236(a)DHS serves Form I-862 stating factual allegations and inadmissibility/deportability grounds. Jurisdiction formally vests with EOIR once filed with the Immigration Court.
8 C.F.R. § 1003.14 / INA § 239(a)Respondent requests an independent bond hearing before an Immigration Judge (IJ). IJ evaluates flight risk and danger to community under Matter of Patel & Matter of Guerra.
8 C.F.R. § 1003.19 / INA § 236(a)Initial formal appearance before IJ via video teleconference (VTC) or in person. Counsel enters appearance (Form EOIR-28), pleads to NTA charges, and designates relief applications.
8 C.F.R. § 1240.10 / INA § 240(b)Evidentiary hearing on the merits for requested relief (e.g. Voluntary Departure, Cancellation, Asylum). IJ issues oral or written decision ordering removal, grant of relief, or termination.
INA § 240(c) / 8 C.F.R. § 1240.11Either party may appeal IJ final order or bond decision by filing Form EOIR-26 with fee directly received at BIA headquarters in Falls Church, VA within 30 calendar days. Automatic stay of removal applies during direct appeal.
8 C.F.R. § 1003.38 / 8 C.F.R. § 1003.6