BIA Further Restricts Bond Eligibility

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September 9, 2025

The Board’s recent decision in Matter of Jonathan Javier Yajure Hurtado makes foreign nationals who entered without inspection ineligible for bond. This decision states, “Based on the plain language of section 235(b)(2)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1225(b)(2)(A) (2018), Immigration Judges lack authority to hear bond requests or to grant bond to aliens who are present in the United States without admission.” This means that Immigration Judges do not have the discretion to grant bond or even hear bond arguments for foreign nationals who entered without inspection. Even if an individual is able to get a bond hearing, the IJ may not hear oral arguments on the topic. Individuals who entered without inspection are people that did not enter the U.S. by going through an official U.S. port of entry.

To discuss what this may mean for your case and the possibility of filing a habeas claim with the federal court, please contact the attorney at LHSCD working on your case. Alternatively, you may set up a consultation with one of our attorneys by filling out our Consultation Request Form.