Practice Alert: EOIR Issues Nationwide Guidance on Maldonado Bautista

Updated January 16, 2026

On January 13, 2026, Chief Immigration Judge Teresa L. Riley issued nationwide guidance instructing all immigration judges that: “Maldonado Bautista is not a nationwide injunction and does not purport to vacate, stay or enjoin Yajure Hurtado.” Immigration judges are instructed to follow the BIA’s decision in Matter of Yajure Hurtado as binding precedent. The guidance from EOIR states that a “declaratory judgment” is not binding and does not have the authority to compel specific action.ⁱ

AILA members are reporting widespread denial of bond hearings based on this new guidance. Members pursuing released from federal court should keep in mind:

1. You must allege and prove your client's class membership. The relief does not apply beyond the class even if the Court in Maldonado Bautista concluded that the underlying legal position is fundamentally wrong. The notice to appear, itself should provide evidence of class membership and it should be argued that as such the factual allegation that the individual is not an arriving alien is undisputed especially where the NTA shows that the person is inadmissible under INA 212 (a)(6)(A)(i).
2. Members should file a copy of the December 18, 2025 clarifying order as an exhibit in the bond record of proceedings to ensure it is part of the record as well as copies of this advisal. It may not be enough to rely on citations. Many Immigration Judge’s will not have previously read the decision.
3. Make sure you review the 2025 published BIA decisions on bond and provide sufficient evidence to establish your client is not a danger to the community or a flight risk as part of your motion for bond redetermination. Evidence of relief eligibility, housing, and family and community support are particularly persuasive.

AILA will continue to monitor the situation and provide updates moving forward. If you have specific case examples of courts denying eligibility based on this email, please submit your case examples here.

Class members include “[a]ll noncitizens in the United States without lawful status who (1) have entered or will enter the United States without inspection; (2) were not or will not be apprehended upon arrival; and (3) are not or will not be subject to detention under 8 U.S.C. § 1226(c), § 1225(b)(1), or § 1231 at the time the Department of Homeland Security makes an initial custody determination.” For more information, see class counsel’s practice advisory here.

To contact class counsel, reach out to Bautista_EWI_Class@aclu.org.

ⁱ Relevant members should still be screening for Guerrero-Orellana class membership because they remain class members even if moved to states outside of New England. When filing a motion for bond, attorneys should specifically write/state that the Respondent is a class member of Guerrero-Orellana and therefore entitled to a bond hearing. Additionally, a class member who is denied a bond hearing should file a habeas petition and ask for immediate release and fees.