Understanding Bond Rights for Those Detained Without Inspection: What You Need to Know

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If you or a loved one has been detained by Immigration and Customs Enforcement (ICE) after entering the United States without inspection, you may be wondering whether you have the right to request a bond hearing before an immigration judge. The answer to this question has become increasingly complex, with federal courts and immigration authorities taking opposing positions on who qualifies for bond eligibility.

At Mathur Law Offices, P.C., our attorneys have been closely monitoring these developments to ensure our clients receive the strongest possible representation during detention proceedings. Here's what you need to know about the current state of bond rights for individuals detained without inspection.

The Legal Conflict: Two Different Interpretations

The confusion surrounding bond eligibility stems from a fundamental disagreement about how immigration law should be interpreted when someone enters the country without going through official inspection points at the border.

The Board of Immigration Appeals Position

In September 2025, the Board of Immigration Appeals (BIA) issued a precedential decision in Matter of Yajure Hurtado. This decision held that any person present in the United States without having been formally admitted is considered an "applicant for admission" and is therefore detained under a specific section of immigration law that does not allow immigration judges to conduct bond hearings.

Under this interpretation, immigration judges lack the legal authority to hear bond requests or grant bond for individuals who entered without inspection. Instead, any release from detention must come through a discretionary decision by the Department of Homeland Security, not through a judge's bond determination.

Currently, the Executive Office for Immigration Review treats Matter of Yajure Hurtado as a binding precedent, meaning most immigration judges will deny bond requests from individuals in this category, stating they lack jurisdiction to consider the matter.

The Federal Court Response

Federal district courts across the country have been rejecting the government's interpretation, and a major nationwide class action lawsuit has challenged the policy directly. In Maldonado Bautista v. Santacruz, decided in November 2025, a California federal court held that the "no bond for individuals who entered without inspection" policy contradicts immigration law.

The court certified a nationwide class of affected individuals and ruled that they should be treated as detainees under a different section of law that does guarantee the right to a bond hearing before an immigration judge. This class includes people who entered without inspection, were not apprehended immediately upon arrival, and do not fall into certain other mandatory detention categories.

What This Means for Detained Individuals

The practical result of this legal conflict is that your ability to request and receive a bond hearing may depend on which court is reviewing your case and which legal strategies your attorney employs.

In Immigration Court

Despite the federal court rulings, immigration judges are still generally following the Matter of Yajure Hurtado precedent. This means that if you request a bond hearing in immigration court alone, the judge will likely deny the request on jurisdictional grounds, stating they lack the authority to set bond in your case.

However, some immigration judges have begun issuing "alternative bond determinations," where they state what bond amount they would set if they had jurisdiction. These alternative determinations can be valuable if your case proceeds to federal court.

In Federal Court

Federal judges have the authority to review detention decisions through habeas corpus petitions. Many federal courts are now ordering bond hearings or even direct release for individuals who fall within the Maldonado Bautista class or who can otherwise demonstrate that the government's detention authority is being misapplied.

If you qualify as a member of the nationwide Bond Eligible Class established in Maldonado Bautista, there is now a declaratory judgment stating you are entitled to a bond hearing. However, immigration authorities have not uniformly implemented this ruling, which is why federal court intervention is often necessary.

Steps You Can Take to Fight for Bond

If you are currently detained after entering without inspection, there are several strategies your immigration attorney can pursue:

• Request a Bond Hearing in Immigration Court - Even if the judge denies jurisdiction, this creates a record and may result in an alternative bond determination that can be used in federal proceedings.

• File a Federal Habeas Corpus Petition - Your attorney can argue that you are a member of the Maldonado Bautista class or that the government's detention authority should not apply to your case. Federal courts have the power to order bond hearings or release.

• Gather Supporting Evidence - Whether in immigration court or federal court, having strong evidence of community ties, family relationships, employment history, and lack of danger to the community strengthens your case for a reasonable bond amount.

• Act Quickly - Immigration detention can move rapidly, and the longer you wait to challenge your detention, the more difficult it becomes to pursue your options effectively.

Why Legal Representation Matters More Than Ever

The conflicting authority between the BIA and federal courts means that successfully obtaining a bond hearing often requires sophisticated legal advocacy across multiple forums. An experienced immigration attorney can identify which legal theories apply to your specific situation, navigate both immigration court and federal court procedures, and present the strongest possible case for your release.

At Mathur Law Offices, P.C., we have extensive experience representing detained individuals in bond proceedings and federal habeas litigation. Our team understands the nuances of current detention law and stays current on the rapidly evolving legal landscape affecting bond eligibility.

Looking Ahead: An Unsettled Area of Law

Immigration detention law remains in a state of flux. While Matter of Yajure Hurtado is still controlling precedent at the immigration court level, federal courts continue to push back against its interpretation. Additional class action lawsuits and circuit court decisions may further clarify the scope of bond rights in the coming months.

What remains constant is that individuals facing immigration detention deserve strong legal advocacy and a fair opportunity to argue for their release while their immigration cases proceed. If you or a family member is detained and has been told you do not qualify for a bond hearing, do not simply accept that determination without exploring all available options.

Contact Our Immigration Defense Team

Detention cases require immediate attention and strategic legal planning. The immigration attorneys at Mathur Law Offices, P.C. are prepared to evaluate your situation, explain your options, and fight for your right to a bond hearing.

Call us today at (888) 867-5191 or book a consultation online. We serve clients throughout Dallas, Fort Worth, Denton, McKinney, and surrounding areas, and we handle immigration detention cases across Texas and beyond.