Families are usually given a handful of forms and no explanation of what they mean. These documents decide whether bond is possible, when a hearing happens and what a federal court can do. Here is how to read them.
Notice to Appear (Form I-862)
This is the charging document that begins removal proceedings. It sets out who the government says the person is, the factual allegations, and the legal grounds it relies on. The A-Number is printed at the top.
Read the allegations carefully, because they are frequently wrong in ways that matter — a date of entry, a criminal disposition, a marital status. Errors here can change the whole analysis. It may also show a hearing date, or say the date is to be set later.
Notice of Custody Determination (Form I-286)
This is the document that says whether the person will be held, released, or released on bond, and it is the one that matters most for detention. It shows what ICE decided and how much bond, if any, was set.
It also indicates whether a review of that decision by an immigration judge was requested. If custody was continued with no bond, or if the form asserts that no bond is available at all, that assertion is exactly the kind of thing that can be challenged — see mandatory detention and denied bond hearings.
Immigration detainer (Form I-247A)
A detainer is a request from ICE to another jail — usually a county facility — asking it to hold someone briefly after they would otherwise be released, so ICE can take custody. It is a request rather than a court order.
If your family member is in a county jail with a detainer lodged, they are not yet in ICE custody, and this is a critical window. Getting advice before the transfer happens can change what options exist afterwards.
Removal order and warrant of removal (Form I-205)
A warrant of removal is issued once a removal order is final and is the authority under which ICE carries it out. Families often assume this means nothing can be done. That is not right.
A final order does not permit indefinite detention. Where removal cannot actually be carried out and detention has continued for six months or more, a federal judge can order release. The petition challenges the detention rather than the removal order — see prolonged detention.
FAQ
It can matter a great deal. The allegations determine the charges, and the charges determine what relief is available and whether bond is even possible. Mark every inaccuracy and raise it — corrections are made through the proceedings, not by ignoring them.
Not necessarily. An ICE custody determination can often be reviewed by an immigration judge, and where the government claims detention is mandatory, that classification itself can be wrong. A federal court can review whether the detention is lawful. It is worth having the form looked at rather than accepting it.
It happens more often than it should, and it does not stop you from getting help. Records can be requested directly from the government, and a filed habeas petition gives formal channels to obtain the file. Start with the facility name and the A-Number.
A detainer is a request to a jail to hold someone briefly so ICE can collect them; custody begins when ICE physically takes them. The distinction matters because the timing and the location of custody determine which court has jurisdiction over a habeas petition.
Related guide: The First 24 Hours After an ICE Arrest
Related guide: What Is an A-Number?