Breaking Immigration Court Decision: New Federal Order Confirms Bond Hearing Eligibility for People Who Entered Without Inspection

If you or a loved one is detained by ICE after entering the United States without inspection, a major new federal court ruling may dramatically affect your right to an immigration bond hearing.

In Maldonado Bautista v. Santacruz, the U.S. District Court for the Central District of California certified a nationwide class of noncitizens who must be given access to bond hearings under 8 U.S.C. § 1226(a). The Court rejected the government’s attempt to treat these individuals as subject to mandatory detention, marking one of the most significant immigration detention decisions this year.

As an immigration lawyer who routinely handles custody and bond matters, I want to explain exactly what this ruling means for individuals who entered without inspection and are now detained by ICE.

Who Is Eligible for a Bond Hearing Under This New Immigration Court Order?

The Court certified a group called the Bond Eligible Class, defined as:

Noncitizens who entered the United States without inspection
Were not apprehended at the border or upon arrival, and
Are not subject to mandatory detention under:
- § 1226(c) (criminal mandatory detention)
- § 1225(b)(1) (expedited removal)
- § 1231 (post–final order detention)

If a detained person fits this description, they must be treated as held under § 1226(a)—the statute that provides the right to a bond hearing before an immigration judge.

Why This Matters: ICE Has Been Wrongly Denying Bond Hearings

Beginning in July of 2025, DHS and ICE have taken the position that anyone who entered without inspection—no matter how long ago—should be considered an “applicant for admission” and detained under § 1225(b)(2). Under that section, people are categorically denied bond and held in mandatory detention.

The Court flatly rejected this. It held that DHS’s interpretation:

Contradicts the plain language of the Immigration and Nationality Act, and
Violates due process by denying bond rights to thousands of detainees.

The Court emphasized that class members all suffered the same injury: the loss of their right to request bond.

Key Impact of the Ruling: Nationwide Access to Bond Hearings

This is not a local order. It applies nationwide, ensuring:

Uniform treatment across all immigration courts
Immediate eligibility for bond redetermination hearings
Protection for current and future detainees who enter without inspection

The Court also warned that anything less than nationwide relief would result in “arbitrary results” based on geographic location—something it refused to allow.

What This Means for People Detained by ICE Today

If someone:

Entered the U.S. without inspection
Was arrested in the interior by ICE
Has no disqualifying criminal mandatory-detention grounds
Was denied bond because the immigration judge claimed “no jurisdiction”

—then this ruling strongly supports their right to a bond hearing.

This may apply to thousands of people detained during recent ICE operations in Los Angeles, Chicago, Charlotte, and beyond.

Can You Now Request a Bond Hearing? Yes.

The ruling confirms that immigration judges have jurisdiction to conduct custody redetermination hearings for individuals in the Bond Eligible Class.

A successful immigration bond hearing can lead to:

Release from ICE detention
Ability to fight your immigration case while living with your family
Improved access to counsel
Better chance of success in removal proceedings

If You or a Loved One Is Detained, Take Action Now

As an experienced immigration lawyer, I strongly recommend:

Requesting a bond hearing immediately if ICE or the immigration judge previously denied one.
Citing the Bond Eligible Class ruling during your request.
Providing evidence of community ties, employment history, and lack of danger for the bond hearing.
Seeking legal representation, especially in detention centers where ICE often pushes back on custody redetermination.

Need Help With a Bond Hearing After Entering Without Inspection?

If you believe this order applies to your situation, you are not alone. This case brings long-overdue legal protection to thousands of detained noncitizens.

I can help you:

Determine whether you qualify under the Bond Eligible Class
File a bond hearing request
Prepare evidence for the hearing
Push back against DHS when they incorrectly claim mandatory detention

Call today to discuss your case.