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Important Update on Bond Hearings for Immigrants Entering the U.S. Without Admission

A federal district court in Maldonado Bautista has granted nationwide class certification on bond eligibility immigration. The court issued partial summary judgment rejecting the Matter of Yajure Hurtado and the prior ICE policy. This policy applied INA § 235(b)(2)(A) mandatory detention without bond to individuals entering the U.S. without admission or inspection.

What This Ruling Means:

Noncitizen immigrants in the certified class now have a binding determination. If detained under INA § 236, release on bond is an option. The court issued the partial summary judgment order last Friday. Today’s class certification order confirms the same relief applies nationwide.

The Court stated that, “When considering this determination with the MSJ Order, the Court extends the same declaratory relief granted to Petitioners to the Bond Eligible Class as a whole.” (p.14)

Who is in the Bond Eligibility Class?

All noncitizen immigrants in the U.S. without lawful status who:

  • Enter or will enter without inspection.
  • Do not face apprehension or will not face apprehension at entry.
  • DHS does not detain or will not detain them under 8 U.S.C. §§ 1226(c), 1225(b)(1), or 1231 during the initial custody determination.

This ruling significantly impacts bond eligibility immigration. Noncitizen immigrants within the certified class are now eligible for bond consideration under INA § 236.

The Bottom Line on Bond Eligibility Immigration:

Class members nationwide can now include the court’s orders in their bond request packets and request a bond hearing before an Immigration Judge.

This is a major victory! 👏👏👏 The court has confirmed that ICE cannot rely solely on entry without inspection to deny bond eligibility.

FAQ — Bond Eligibility Immigration

What is Bond Eligibility in Immigration?

Bond eligibility in immigration refers to the right of noncitizens detained by ICE to request a hearing with an immigration judge for release on bond.

Who Can Request a Bond Hearing Under the New Ruling?

Noncitizens who entered the U.S. without inspection, were not apprehended at entry, and are not subject to mandatory detention.

Which Court Ruling Changed Immigration Bond Rules?

The Maldonado Bautista ruling reversed Matter of Yajure Hurtado, allowing more noncitizens who entered without inspection to request bond.

What Statute Regulates Immigration Detention and Bond?

INA § 236 now governs the detention and bond process for noncitizens eligible for release, replacing the previous INA § 235(b)(2)(A) rule.

What Steps Should Eligible Noncitizens Take for Bond?

Those eligible under the Maldonado Bautista ruling can include the court’s decision in their bond request packet and ask for a bond hearing.

How Does the Maldonado Bautista Decision Affect Bond Requests?

The Maldonado Bautista ruling ensures noncitizens who entered the U.S. without inspection can now seek bond, reversing prior mandatory detention policies.

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