Matter of Yajure Hurtado

EXTREMELY IMPORTANT

Summary: Any person who is in the United States without inspection or admission will not get bond if they are put in deportation proceedings.

As of September 5, 2025, the Board of Immigration Appeals (BIA) has decided that Immigration Judges do not have the authority to give bond to anyone who is currently in the United States without admission; this category of person is also known as an applicant for admission. This means that if someone entered illegally, regardless of when they arrived, they will not get bond if they are put into immigration proceedings. Based on arguments by the respondent, the BIA made some additional clarifications about this ruling.

The Board said that in cases even where someone has an arrest warrant, as was the case in another case decided this year, the Immigration Judge still does not have authority to issue bond.

The BIA also clarified that someone is considered an applicant for admission, and not entitled to bond, until they are lawfully inspected and admitted. For many people who enter without admission, this means that they would not be entitled to bond unless and until they have legal status. And, the BIA clarified that just because someone has been in the country a long time does not mean they have been admitted.

This is an extremely important case that affects anyone in this country without some sort of status. Regardless of when they arrived, even if it was 20 years ago, they will not get bond if they are put into deportation proceedings. So far, there do not appear to be any exceptions to this rule.