Bond Requests in Immigration Court: Maldonado Bautista v. Santacruz and Matter of Yajure Hurtado

The immigration system in the United States has seen many shifts since President Trump took office in January of 2025, and one of the largest affected sects of the immigrant population continues to be detained immigrants. On July 8, 2025, U.S. Immigration and Customs Enforcement (ICE) released a memo explaining that ICE could detain any immigrant who entered the United States without being properly admitted and hold them in detention indefinitely without the ability to request a bond hearing before an immigration court. Effectively, this memo made it impossible for any detained immigrant to be released from ICE custody if they entered without a valid visa or parole document.

The Outcome of Maldonado Bautista v. Santacruz

Following a lawsuit challenging this as an overreach of ICE’s power, the U.S. District Court for the Central District of California entered Final Judgment in a nationwide class action lawsuit on December 18, 2025. This order accomplished three significant things:

• It ruled that a member of the class is detained under INA § 236(a)—not INA § 235(b)(2)—meaning that if an immigrant entered the United States without inspection or admission, they can still be eligible for bond.
• It established that members of the class are entitled to a bond determination hearing before an immigration judge.
• It declared the July 8, 2025, ICE memo unlawful under the Administrative Procedure Act.

Who is in the Class?

An individual is considered part of the class if they meet the following criteria:

• They entered or will enter the U.S. without inspection (EWI);
• They were not or will not be apprehended upon arrival;
• They were not or will not be subject to mandatory detention statutes at the time DHS makes the initial custody determination, such as INA § 236(c) (criminal history), INA § 235(b)(1) (expedited removal), or INA § 241 (post-final order detention).

The Conflict: Matter of Yajure Hurtado

On September 5, 2025, the Board of Immigration Appeals (BIA) issued Matter of Yajure Hurtado, finding that immigration judges lack the authority to hear bond requests or grant bond to immigrants who are present in the United States without admission. This means that, according to the BIA, judges lack the authority to hear bond requests for those who entered without lawful entry.

However, despite the BIA decision, private practitioners should still argue that Maldonado Bautista v. Santacruz should apply and that the immigrant is eligible for bond.

What to Do If You Are Detained

When an immigrant is detained by ICE, they should quickly contact an immigration attorney. Beyond standard bond arguments, practitioners can file a Habeas petition in federal court. A Habeas petition challenges the federal government for wrongfully detaining a person and forces the government to justify the reasons for such detention. If granted, ICE must either release the immigrant or provide a bond hearing before an immigration judge.

Our firm is experienced in Habeas petitions and bond hearings before the immigration court. We are licensed in the Eastern District and Western District of Virginia for federal actions and can handle immigration hearings throughout the entire United States. If you or someone you love is detained, reach out to us today.