On September 5, 2025, the Board of Immigration Appeals ("BIA") issued a decision in Matter of Yajure Hurtado, holding that immigration judges lack jurisdiction to make bond determinations to individuals who entered the country without inspection because immigrants who entered the country without inspection are “applicants for admission” under INA § 235(b)(2)(a) and are thus ineligible for bond. Matter of Yajure Hurtado joins the BIA's ruling in Matter of Q Li from earlier this year, which indicated that immigrants detained without a warrant while arriving in the United States are “applicants for admission” under INA § 235(b) and are also subject to mandatory detention.
Matter of Yajure Hurtado has drastic implications for mandatory detention. Previously, many individuals who had been present in the United States for at least two years were eligible to request bond. Now, immigrants who entered unlawfully and who are detained during removal proceedings must remain in immigration detention until a final decision is made in their case. They cannot be released on bond by an immigration judge, and the immigration judge does not have the ability to hear a bond request in their case. As a result, more immigrants will face mandatory detention during their removal proceedings than ever before.
Immigrants seeking relief from detention can pursue a habeas petition in federal court as an alternative to bond in immigration court. Habeas petitions are an important mechanism that allow immigrants to fight ICE’s ability to detain a person. Through habeas, an individual can directly challenge the lawfulness or length of their detention. After the BIA’s expansion of mandatory detention, habeas is a critical tool for confronting mandatory detention during removal proceedings.
Experienced lawyers from Murray Osorio PLLC are ready to assist you or your loved one with challenging your detention through a habeas petition. Contact us today at 800-929-7142 or online to schedule a consultation.