When a family member is held by Immigration and Customs Enforcement (ICE), many families hope a bond hearing will bring them home. Families often walk in believing one strong fact will be enough: "He is married to a U.S. citizen," or "She already applied for asylum." A new decision from the Board of Immigration Appeals, the immigration appeals court, shows why that is often not enough. Immigration judges across the country, including those who hear cases from Northeast Florida, are expected to follow it.

What happened

An immigration judge set a $20,000 bond for a man who had married a U.S. citizen and had an asylum case pending. The government appealed. On October 27, 2026, the Board's decision was made binding on immigration judges nationwide. The Board sent the case back and said the judge had not looked closely enough at the proof.

The Board pointed to several gaps:

• The marriage. No family petition (Form I-130) had been filed for him, and his wife did not send a letter of support. There was also evidence that he had not spoken to her in 20 days and planned to live with a friend, not his wife, if released.
• The asylum case. The Board said a pending asylum application, by itself, does not show that a person will keep coming to court.
• The address. His documents listed several different addresses, which raised doubts about whether he had a stable home.
• The sponsor. A friend offered to support him, but there was no proof the friend had the money or how well they knew each other.
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What this means for your family

At a bond hearing, it is your loved one's job to show the judge they are not a danger and will come to every court date. The judge looks at the whole picture, and each piece needs proof.

7 practical tips before a bond hearing

1. Do not count on one fact. A marriage or an asylum case can help, but it needs to come with real proof and a clear path to legal status.
2. If there is a marriage, show it is real and active. If a spouse plans to file, or has already filed, a family petition, bring the receipt notice. A letter from the spouse, photos, and proof you live together help show the relationship is real.
3. Show one stable address. Gather a lease, utility bills, or a letter from the person they will live with. Make sure the address is the same on their papers. If it changed, be ready to explain why.
4. Prepare the sponsor. Anyone offering support should give proof of their status, income, and a clear explanation of how they know your loved one. A short letter is not enough by itself.
5. Gather proof of ties. Pay stubs, tax returns, children's school records, church or community letters, and medical needs can all matter.
6. Be honest and consistent. Contradictions between what your loved one says and what the papers show can hurt the case.
7. Get legal help early. A lawyer can help put the evidence together and explain your loved one's options before the hearing date.

How Bilbao Law can help

If a family member has been detained, Bilbao Law helps Jacksonville families prepare for bond hearings and plan the next steps in the case. Call us at (904) 300-0825 to schedule a consultation.

This post is general information, not legal advice. Every case is different, so talk to an immigration attorney about your situation.

Additional resources

• Find someone in ICE custody (ICE Online Detainee Locator): https://locator.ice.gov/odls/
• Check an immigration court case (EOIR Automated Case Information): https://acis.eoir.justice.gov/en/
• Family petition, Form I-130 (USCIS): https://www.uscis.gov/i-130
• Immigration court forms, including change of address (EOIR): https://www.justice.gov/eoir/eoir-forms
• Find legal help (EOIR): https://www.justice.gov/eoir/find-legal-representation
• Board of Immigration Appeals decisions, Volume 30 (EOIR): https://www.justice.gov/eoir/volume-30