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Can a non-citizen request the Immigration Court to redetermine custody and/or bond even though ICE has not filed a Notice to Appear with the Immigration Court?

April 26, 2017Bond Court Custody filed Ice Immigration non-citizen Notice redetermine request

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Can a non-citizen request the Immigration Court to redetermine custody and/or bond even though ICE has not filed a Notice to Appear with the Immigration Court?

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Yes. An Immigration Judge can conduct a bond hearing even if ICE has not filed a Notice to Appear (NTA) with the Immigration Court. This is important because ICE may delay issuing the NTA, or may issue the NTA but then delay filing it with the Immigration Court.