New BIA Decision: No Bond for Immigrants Who Enter Without Inspection

Summary:

The Board of Immigration Appeals (BIA), on September 5, 2025, issued a major decision in Matter of Yajure Hurtado. The ruling affects thousands of immigrants held in detention centers across the United States, and those who will be detained in the future. Case Cite - Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA) 2025).

What the BIA Decided:

• Immigration Judges no longer have the authority to grant bond hearings to people who entered the U.S. without being admitted or paroled.

• These individuals are considered “applicants for admission” under the immigration law, no matter how long they have lived in the U.S. without legal status.

• That means once they are detained, they must remain in custody during their removal proceedings—unless the Department of Homeland Security (DHS) itself decides to parole them out.

Why It Matters:

• In the past, many immigrants who entered without inspection could ask an Immigration Judge for bond and potentially be released while fighting their case.

• This decision shuts that door, making detention mandatory for people who have not been inspected or admitted.

• The impact will be especially harsh on long-term residents who have lived in the U.S. for years without legal status.

Bottom Line:

Under a new BIA decision (Matter of Yajure Hurtado, Sept. 2025), anyone who entered the U.S. without being formally admitted is locked into detention during their case. That includes:

1️⃣ People stopped at the border with no papers.

2️⃣ People who crossed without inspection in the last 2 years.

3️⃣ People who crossed without inspection many years ago and never had lawful admission.

While in detention, a detainee will still have hearings before the Immigration Judge but there is now no chance of release while you wait for the judge to decide your relief like, asylum, adjustment of status., or cancellation of removal.

⚖️ Immigration Judges cannot give bond in these cases. Only DHS may release through parole.