Tagged #bond-hearing
Every article we've published on this topic, sorted by the agency's own announcement date.
Third Circuit rejects ICE mandatory detention policy, revives bond hearing rights
The Philadelphia-based Third Circuit Court of Appeals ruled August 28, 2026, that ICE cannot indefinitely detain undocumented immigrants without bond hearings. The decision distinguishes between recently-arrived and long-term undocumented residents.
Third Circuit Curtails Mandatory ICE Detention for Longtime Residents
U.S. Court of Appeals Third Circuit rules that immigrants arrested years after entering the country cannot be held without bond hearings under mandatory detention provisions, triggering potential Supreme Court review.
Third Circuit Strikes Down Trump's Mandatory ICE Detention Policy
Philadelphia-based federal appeals court rules that ICE violated immigration law and the Fifth Amendment by detaining undocumented immigrants without bond hearings.
BIA Holds Immigration Judges Lack Jurisdiction Over Post-Removal Detention Bond Motions
The Board of Immigration Appeals ruled that immigration judges lack jurisdiction to adjudicate bond motions in post-removal-period detention cases, limiting custody review options.
Colorado federal judge rules direct federal court challenge to detention doesn't require prior bond hearing request
A Colorado federal judge ruled that detainees need not request a bond hearing before an immigration judge as a prerequisite to challenging their detention directly in federal court. The decision clarifies the pathway for habeas relief.
Board of Immigration Appeals Reverses 30 Years of Bond Precedent
A recent BIA decision reinterprets the INA to deny bond hearings to noncitizens with U.S. residence arrested by ICE. One detainee is now fighting the ruling in federal court.
7th Circuit rules interior detainees not subject to mandatory detention without bond hearing
Federal appeals court rejects government's 'seeking admission' theory for noncitizens arrested inside the U.S., entitling hundreds across Wisconsin, Illinois, and Indiana to bond hearings under INA § 1226.
Ninth Circuit Rules Detained Noncitizens Entitled to Bond Hearings in Interior Deportation Cases
A 2-1 Ninth Circuit decision affirms that noncitizens apprehended in the United States are entitled to bond hearings under § 1226(a), not subject to mandatory detention. The ruling reverses the Tacoma Immigration Court's practice and affects thousands detained in the Ninth Circuit.
9th Circuit Rules Trump Cannot Deny Detained Immigrants Bond Hearings
A 9th Circuit panel including a Trump appointee rejected the administration's mandatory detention policy, requiring bond hearings for immigrants detained in the U.S. The ruling deepens a circuit split likely headed to the Supreme Court.
Two Appeals Courts Strike Down Trump's ICE Detention Policy in Single Day
On July 30, 2026, federal appeals courts in the Seventh Circuit and another jurisdiction rejected the Trump administration's mandatory detention policy, marking the fifth and sixth consecutive appellate losses on the issue.
Federal Judge Carves Out Constitutional Exception to Mandatory Detention for Detainee Released a Decade Ago
Iowa federal judge rules that even under Eighth Circuit mandatory detention law, constitutional due process prevents re-detention of someone released years earlier and allowed to live at liberty.
Federal Judge Orders ICE Release of Detainees, Threatens Sanctions for Ignoring Court Orders
U.S. District Judge in Nevada ruled DHS mandatory detention policy unlawful and ordered immediate release of 17 detainees held months without bond hearings, threatening sanctions against ICE for non-compliance.
5th Circuit imposes 90-day bond hearing deadline for ICE detainees under expanded detention policy
The 5th Circuit Court of Appeals ruled that ICE must afford bond hearings within 90 days to immigrants detained under the Trump administration's expanded mandatory detention policy, citing due process rights.
Fifth Circuit Requires Bond Hearings Within 90 Days for Detained Immigrants
Fifth Circuit Court of Appeals rules that detained immigrants have the right to meaningful due process protections and must receive a bond hearing within 90 days before continued detention.
5th Circuit Rules ICE Must Hold Bond Hearings Within 90 Days
The 5th Circuit Court of Appeals has rejected the Trump administration's no-bond detention policy for undocumented immigrants, requiring individualized bond hearings within 90 days. This reversal affects detention practice across Texas, Louisiana, and Mississippi.
Federal judge awards EAJA fees for wrongful detention; finds mandatory detention policy not substantially justified
A Nebraska federal judge awarded attorney's fees under the Equal Access to Justice Act to an immigrant detained without a bond hearing, finding the government's mandatory detention position lacked substantial justification.
BIA Ruling Denies Bond Hearings for All Immigrants Who Entered Without Inspection
The Board of Immigration Appeals ruled that noncitizens who entered the country without prior authorization are ineligible for bond hearings and must remain detained throughout removal proceedings.
Supreme Court to Decide if ICE Can Detain Immigrants Indefinitely Without a Hearing
The Supreme Court has granted review in a case that could establish federal constitutional due process rights to bond hearings for detained immigrants during removal proceedings.
Supreme Court to hear bond hearing challenge for prolonged immigrant detention
The Supreme Court agreed to decide whether the government can detain noncitizens for prolonged periods without bond hearings, a case that could reshape detention practice nationwide.
Federal Judges Find Constitutional Workaround to 5th Circuit ICE Detention Ruling
District judges bound by the Fifth Circuit's February detention ruling are ordering bond hearings and releases on due-process grounds at rates that nearly match pre-ruling rejection levels.
The Great Writ comes to Covington: Why habeas petitions are flooding Kentucky federal court
A dramatic surge in immigration detainee habeas corpus petitions in Kentucky's federal court—from zero in 2024 to 147 in five months of 2026—reflects recent BIA policy changes that eliminated bond hearings and reclassified immigrants as 'arriving aliens.'
6th Circuit Strikes Down Mandatory ICE Detention Rule, Reopens Bond Hearings
Federal appeals court rules against Trump administration policy barring bond hearings for most ICE detainees. Immigration attorneys in Wisconsin can now file bond motions for clients detained in the 6th Circuit.
11th Circuit Rejects Trump Administration's No-Bond Detention Policy
Atlanta-based federal appeals court ruling blocks Trump administration no-bond detention policy for immigrants, deepening split among circuits and raising Supreme Court review prospects for immigration detention practices.
2nd Circuit Blocks No-Bond Detention Policy: Circuit Split Deepens Over Trump Admin Mandatory Detention Rule
The 2nd Circuit Court of Appeals ruled April 28, 2026 that the Trump administration cannot detain immigrants without bond hearings, creating a binding circuit split that points toward Supreme Court review. What practitioners need to know about Barbosa da Cunha v. Lyons.
Second Circuit Blocks ICE's Mandatory Detention for Noncitizens Without Border Apprehension
The U.S. Court of Appeals for the Second Circuit ruled that ICE cannot hold most undocumented immigrants in detention without bond hearings, blocking a key part of the Trump administration's detention policy in Connecticut, New York, and Vermont.
Federal judge orders third bond hearing for detained asylum applicant despite Eighth Circuit ruling
U.S. District Judge Locher rules that immigration detainees living in the US for years are not automatically subject to mandatory detention, even as the Eighth Circuit narrows bond-hearing rights.
Federal judge in Mississippi slow-rolling 290+ ICE detainee habeas petitions
Over 290 ICE detainees at Adams County Correctional Center have pending habeas corpus petitions before a single federal judge with no rulings on the merits since June 2025—a delay that affects bond relief strategy for removal-defense practitioners.
Eighth Circuit Rules Immigrants Can Be Detained Without Bond
The 8th Circuit has joined the 5th Circuit in upholding the Trump administration's authority to detain undocumented immigrants without bond hearings, reversing prior practice and lower court rulings.
5th Circuit limits bond hearing options for detained immigrants
The 5th Circuit ruled that the Trump administration can hold certain immigrants in mandatory detention without bond. This impacts release strategies for practitioners in Louisiana, Mississippi, and Texas.
Federal judge vacates Board of Immigration Appeals ruling backing Trump detention policy
U.S. District Judge Sunshine Sykes struck down the BIA decision endorsing the Trump administration's mandatory detention policy, ruling that the administration violated her earlier order by denying bond hearings. The decision affects detainees nationwide.
5th Circuit upholds Trump administration's mandatory detention policy
The Fifth Circuit Court of Appeals ruled that DHS can detain non-citizens without bond hearings under the "applicants for admission" interpretation, marking the first appellate court decision upholding the policy.
Federal courts strained by detainees' habeas petitions under Trump detention policy
Multiple federal courts have declared judicial emergencies as immigrants challenge Trump's mandatory detention policy through habeas corpus. Learn how the detention policy changed and what practitioners need to know.
Board of Immigration Appeals rules undocumented immigrants ineligible for bond hearings
The BIA affirmed ICE's ban on bond hearings for certain undocumented immigrants, but federal courts have since challenged this decision. Practitioners must understand the ruling's scope and ongoing litigation.
BIA Decision Strips Bond Hearing Rights From People Who Entered Without Inspection
The Board of Immigration Appeals in Matter of Yajure Hurtado reverses longstanding precedent, eliminating bond hearing eligibility for most noncitizens who entered without inspection—even those who have lived in the U.S. for years.