Understanding the Voluntary Departure Bond in Immigration Court

A voluntary departure bond is money a person posts with U.S. Immigration and Customs Enforcement (ICE) to show they will leave the United States by a set date. The immigration judge sets the voluntary departure bond amount, and it must be enough to make sure the person departs. This guide explains how the bond works, when it’s due, and what happens if the deadline is missed.

What a voluntary departure bond is

A voluntary departure bond is the security behind a promise to leave. The person agrees to depart by a set date, and the bond backs that promise.

Under 8 U.S.C. § 1229c, when a judge grants voluntary departure at the end of removal proceedings, the person must post a bond. Removal proceedings are the immigration court cases that decide whether someone can stay in the United States. The bond is surrendered upon proof that the person left within the time specified.

The judge orders the bond as part of the grant. It isn’t a separate choice.

This is not the same as an immigration bond. An immigration bond is money paid to win a detained person’s release from custody while the case continues. A voluntary departure bond is tied to leaving by a deadline. People often mix the two up, so check which one the judge ordered.

How much a voluntary departure bond costs

The immigration judge sets the amount. The statute says the bond must be in an amount necessary to ensure the person will depart.

The amount matters because an alien permitted to depart voluntarily at the conclusion of removal proceedings must post a voluntary departure bond in an amount necessary to ensure that the alien will depart.

8 CFR 103.6 governs surety bonds posted in immigration cases, which must be executed on a form designated by DHS. Read the form carefully before you sign it.

Keep the bond separate in your mind from everything else in the case. It is a requirement tied to leaving, not a payment for representation.

How the bond is posted and when it is returned

The bond must be posted with the ICE Field Office Director within 5 business days of the judge’s order. That deadline is set by 8 CFR 1240.26.

ICE may hold the person in custody until the bond is posted. Under 8 C.F.R. § 1240.26, failing to post the required voluntary departure bond within the time required does not terminate the alien’s obligation to depart within the period allowed. Under 8 C.F.R. § 1240.26, if the respondent had waived appeal of the immigration judge’s decision and does not post the required voluntary departure bond within the period allowed, the alternate order of removal takes effect immediately under 8 C.F.R. § 1241.1(f), subject to a limited exception for certain grants of voluntary departure.

The bond comes back when the person proves they left on time. Under 8 U.S.C. § 1229c, it is surrendered upon proof of departure within the time specified. Keep copies of every proof of departure.

If the bond is breached, the government gets a claim. A bond is breached when there has been a substantial violation of its conditions. A final determination of breach creates a claim in favor of the United States, under 8 CFR 103.6.

Voluntary departure time limits

Permission to depart voluntarily is capped at 120 days when granted before proceedings are completed, and at 60 days when granted at the conclusion of proceedings under 8 U.S.C. § 1229c(b)(2).

The rules differ a little when the Board of Immigration Appeals (BIA) grants the request. Under 8 CFR 1240.26, the bond is due within 5 business days of the immigration judge’s order granting voluntary departure, and when the Board grants it, within 30 business days of the Board’s order in that case. If the record lacks documentation sufficient to assure lawful entry into the country of destination, the Board may still allow voluntary departure for a period of up to 120 days, but only if the person continues to request voluntary departure and the Board finds the person otherwise eligible, and on the condition that, within 60 days, the person secures that documentation and presents it to DHS and the Board.

The grant ends on its own in some situations. It terminates automatically if the person files a motion to reopen or reconsider the Board’s decision, or files a timely petition for review. Track every date on your calendar.

Missing the deadline is costly. A person who fails to depart within the time specified becomes ineligible for voluntary departure, and for relief under sections 240A, 245, 248 and 249 of the Act, for ten years, but these penalties do not apply to a person who files a petition for review and remains in the United States while it is pending. The bond must be posted with the ICE Field Office Director within 5 business days of the judge’s order granting voluntary departure, under 8 CFR 1240.26. The bond must be posted with the ICE Field Office Director within 5 business days of the judge’s order granting voluntary departure, under 8 CFR 1240.26.

Is voluntary departure better than deportation?

Voluntary departure is granted in lieu of removal. Whether it fits better than a removal order depends on the facts of the case.

A removal order carries its own consequences.

Reentry after removal is serious. Under 8 U.S.C. § 1231, if the government finds a person reentered illegally after removal or voluntary departure under an order, the prior order is reinstated. The person is then not eligible for relief under this chapter.

Some grants come with an alternate order. When voluntary departure is granted on a summary basis, the judge may enter a summary decision with an alternate order of removal. That is allowed under 8 CFR 1240.12. If the person waived appeal and does not post the bond, the alternate order takes effect right away, under 8 CFR 1240.26.

Choosing between a set departure date and contesting the case is a major decision. It is one of the choices a removal defense lawyer reviews before the hearing.

What to bring up with a lawyer before the hearing

Bring four questions to your first conversation. Ask whether voluntary departure is available in your case. Ask what bond amount the judge may set. Ask what the departure deadline would be. Ask how the bond compares with your other options.

AG Immigration Law P.A. focuses on removal defense. That includes bond and departure questions that come up during removal proceedings. The firm also handles waivers, adjustment of status, and BIA appeals.

Consultations with the firm are paid. During one, the team can explain how the process applies to a specific case.

Talk with our team about your situation

Many people reading this are worried about a parent, spouse, or child who has just been told to post a bond and leave by a set date. Those deadlines feel urgent, and the choices are hard to sort out alone.