The BIA’s “No Bond” Ruling: What You Need to Know

The immigration legal system is in a constant state of flux, and recent rulings can create significant uncertainty and stress for families. A recent decision by the Board of Immigration Appeals (BIA) Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025)  has changed the landscape for detained immigrants, particularly those who entered the U.S. without inspection. At Ahlgren Law, we believe in empowering our clients with clear information. We are here to help you understand this ruling and what it means for you and your loved ones.

Here is a summary of the BIA’s recent decision:

• Mandatory Detention: The ruling states that individuals who entered the U.S. without authorization are not eligible for a bond hearing before an immigration judge. This means they must remain in detention while their immigration case is pending.
• Who is Affected: This decision impacts any non-citizen in deportation proceedings who entered the U.S. without being legally admitted, regardless of how long they have lived in the country.
• Legal Precedent: The BIA’s reasoning is that these individuals are treated as if they are “arriving aliens” applying for admission for the first time, making detention mandatory under the law.

This ruling marks a significant departure from previous practices where some individuals, especially those with long-standing ties to the community, could request a bond hearing. Now, the length of time someone has lived in the U.S. is not a factor in their eligibility for a bond hearing if they originally entered without inspection. This new interpretation means that someone detained after ten years in the country is treated the same as someone detained after one week.

What does this mean if I or a loved one is detained?

This ruling means that if you entered the U.S. without inspection and are now in ICE custody, you will likely be denied a bond hearing with an immigration judge. You will be required to stay in detention until your removal proceedings are completed. This applies even if you have a strong case, a family in the U.S., and a long history of living in your community.

Are there any options for release?

Yes, while a bond hearing before a judge may not be an option, there is still hope. It is still possible to seek release from detention through other avenues. These include:

• Federal Court Action/Habeas Corpus: This is the path most likely to be successful if you entered the United States without inspection. If detention becomes unreasonably prolonged or conditions are unjust, it may be possible to challenge the detention in federal court through a writ of habeas corpus.
• Requesting Parole from ICE: You can request that ICE exercise its discretion to grant you parole, allowing for your temporary release.
• Filing for Deferred Action: In some specific cases, requesting deferred action, which is a form of prosecutorial discretion, might be a viable strategy.

Contact Us for Help

This new legal reality is harsh, but it is not the end of the road. Having an experienced legal team on your side is more critical than ever to explore every possible avenue for release and to build the strongest possible defense for your case. The attorneys at Ahlgren Law have a deep understanding of these complex issues and are prepared to fight for you. You do not have to face this alone. Contact us today to schedule a consultation and learn how we can help.