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Asking for a Bond Redetermination Hearing, and DHS's Automatic Stay, Explained
Also called: Bond Redetermination Hearing, Custody Redetermination, Form EOIR-43
Last reviewed 2026-07-11
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What this notice usually means
If DHS detains you and sets a bond, you can ask an immigration judge to redetermine, or change, that amount. The request can be oral, written, or by phone, and there is no fee. If you already paid the bond DHS set and were released, you must ask the court within seven days of your release, or the judge no longer has power to change it. Winning this hearing does not always mean quick release. If DHS opposed your release, or set your bond at $10,000 or more, DHS can pause a judge's release order by filing its own notice within one business day. DHS then has ten business days total to complete its appeal, or the pause ends. That pause usually lasts up to 90 days while the Board of Immigration Appeals reviews the case, and it can stretch further in some situations. Even a win at the Board can trigger one more short pause if DHS refers your case to the Attorney General.
What to do now
- 1
Ask for a bond hearing if DHS is holding you
You, your lawyer, or your representative can ask orally, in writing, or by phone. There is no filing fee.
- 2
Act within seven days if you already paid a DHS bond and were released
This is the only way to keep the judge's power to lower or change your bond amount after release.
- 3
Give the court your name, A-number, and bond amount
If you are detained, also list where you are being held so the court can reach you.
- 4
Know that a release order is not always the end of the process
DHS can pause your release. This happens if DHS opposed your release, or set bond at $10,000 or more. DHS must appeal within one business day.
- 5
Track the case if DHS appeals
The pause on release usually stops after 90 days. DHS can extend it in stages while the Board of Immigration Appeals decides your case.
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If you already paid a DHS bond and were released, ask the court for a new bond hearing within seven days. After a hearing, DHS can pause your release. It must file a notice within one business day. It then has ten business days to finish its appeal. The pause usually stops after 90 days. It can last longer while the Board of Immigration Appeals reviews your case.
“The Immigration Judge also has jurisdiction to conduct a bond hearing if the alien is released from DHS custody upon payment of a bond and, within seven (7) days of release, files a request for a bond redetermination with the Immigration Court.”
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Sources
- eCFR, Title 8, 8 CFR 1003.19 (ecfr.gov)Retrieved 2026-07-11
- EOIR Policy Manual, Part II, Immigration Court Practice Manual, Chapter 8.3 (justice.gov)Retrieved 2026-07-11
- eCFR, Title 8, 8 CFR 1003.6 (ecfr.gov)Retrieved 2026-07-11
Last reviewed 2026-07-11
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