Thus when an arriving alien is detained, s/he is not eligible for an immigration bond. S/he has to apply for parole. The immigration court has no jurisdiction over this. In order to apply for parole to be released under a bond or under his/her own recognizance, a formal request (often known as a "parole letter" or "equity letter") must be sent to the alien's deportation officer. Depending on what grounds the person is detained, the alien will likely have to show any or all of the following in his/her letter:
-Documents confirming his/her identity;
-S/he has a sponsor in the U.S. such as a relative or friend who will financially take care of the alien and also ensure -S/he will attend all future immigration hearings/appointments;
-S/he does not pose a security threat to the community; and
-S/he is committed to appear at all future hearings.
It is highly advisable to send the following to the deportation officer:
-Affidavit by sponsor
-Proof of sponsor's U.S. citizenship
-Proof of sponsor's income (ie. tax returns from previous year)
Am I eligible for a bond?
As described above, arriving aliens are NOT eligible for a bond. However, in California, a detainee may request a unique type of bond if s/he has been detained for more than six months after November, 2012. This is known as a Rodriguez bond hearing AKA Custody Re-determination hearing. In this hearing, the detainee may be eligible if s/he can show s/he was detained for six months or more and challenge the justification for the prolonged detention on certain grounds.