What the Decision Originally Said

In September 2025, the Board of Immigration Appeals issued a decision in Matter of Yajure-Hurtado that changed how detention rules could apply to some immigrants.The decision stated that individuals who entered the United States without being formally admitted are considered applicants for admission under immigration law.

Under that interpretation, many people in immigration detention could not request a bond hearing before an immigration judge. This meant some individuals could remain in detention while their immigration cases moved through the court system.

Despite the nationwide vacatur, the Fifth Circuit has established its own strict, binding precedent regarding detention without bond for EWI individuals (related to cases like Buenrostro-Mendez v. Bondi).

Buenrostro-Mendez v. Bondi is a recent Fifth Circuit decision holding that many long-term undocumented residents are subject to mandatory detention under INA § 235(b), without access to IJ bond hearings, if they are “unadmitted” at the time DHS encounters them.

What the Vacatur Means

Because the decision has now been vacated, the interpretation announced in

Yajure-Hurtado is no longer controlling precedent. Immigration courts may now approach detention and bond eligibility differently while the law continues to develop.

This does not necessarily mean that everyone in detention will automatically receive a bond hearing. Instead, the legal framework is currently in a period of change, and courts may interpret detention laws differently depending on the circumstances of each case.

Ongoing Legal Developments

Immigration detention law continues to evolve through federal court decisions and administrative rulings. As courts review these issues, additional guidance may emerge regarding when individuals in immigration custody can request release on bond.

Individuals who are currently in detention, or who have family members in detention, may wish to consult with an immigration attorney to better understand their options and how recent legal developments may affect their case.

“This article is provided for information purposes. Should you have any questions or be interested to learn more about the new executive actions on immigration, contact our office at contact@cugasanalaw.com