On September 5, 2025, the Board of Immigration Appeals (BIA) issued Matter of Yajure Hurtado, a precedential decision holding that individuals present without admission are “applicants for admission” under INA §235(b). The outcome is clear for now: immigration judges do not have the authority to grant bond in these cases, and release decisions rest solely with DHS through its parole authority. Yajure builds on Matter of Q. Li (May 2025), and has been reinforced by a July DHS memorandum instructing officers to apply INA §235(b) mandatory detention broadly—even to long-term residents and individuals with prior paroles. Together, these shifts in case law and policy have significantly reduced the number of clients who can access bond hearings. Our panel of experts will discuss the latest updates, strategies, and legal challenges in the ongoing bond battle.

Featured Topics

• Overview of Yajure, and how it builds on Q. Li and the July DHS memorandum
• How these changes are playing out in detention centers from Tacoma to Laredo
• Practical strategies for parole requests and preserving issues for federal court litigation
• Current status of lawsuits challenging these policies and case law

AILA Membership Benefit – Access to Free Seminar Recordings
Enjoy access to free seminar recordings as an AILA Member. AILA encourages live attendance for those wishing to ask the speaker questions. Recordings will be available approximately two weeks after the live event date. AILA members can access these seminars, with no CLE credit, for free.