Can a non-citizen ask for more than one custody and/or bond redetermination?
Once the Immigration Judge has rendered an initial custody and/or bond redetermination, a subsequent request for bond redetermination will only be considered if the non-citizen”s “circumstances have changed materially since the prior bond determination.” Successive requests for custody and/or bond redeterminations must be submitted in writing. An Immigration Judge can consider subsequent bond redeterminations even if a prior bond decision is on appeal to the Board. If the Immigration Judge grants the non-citizen’s request for a subsequent bond redetermination, the appeal of the prior decision will become moot, and the BIA will return the record to the Immigration Judge unless ICE notifies the Board in writing within 30 days that it wishes to pursue the original appeal. If the non-citizen appeals the subsequent bond redetermination, the Immigration Judge must forward the new decision and the record to the BIA with any other recent submissions.