No-Bond Mandatory Detention · 2026

Denied a Bond Hearing? Federal Habeas Can Still Free You.

The 2025 BIA ruling stripped many detainees of bond hearings — but the Eleventh Circuit rejected it for Florida, and a federal habeas petition is the way to enforce your right to release.

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In 2025 the Board of Immigration Appeals decided Matter of Yajure-Hurtado, holding that people who entered the U.S. without inspection are “applicants for admission” detained under INA § 235(b) — and that immigration judges therefore have no authority to hold a bond hearing for them. Overnight, long-time residents were told they could be jailed with no bond hearing at all.

The federal courts are split. The 2nd, 3rd, and 6th Circuits rejected the BIA’s reading and require bond hearings; the 5th and 8th upheld mandatory detention. The U.S. Supreme Court is expected to resolve the conflict.

The good news in Florida: the Eleventh Circuit

Florida sits in the Eleventh Circuit, which rejected the no-bond rule in Alvarez v. Warden, Federal Detention Center Miami, No. 25-14065 (11th Cir. May 6, 2026). The court held that immigrants who entered without inspection but were arrested in the interior are generally entitled to bond hearings under INA § 236(a) — and it reached that result on a federal habeas corpus petition. Because the decision is still being litigated, this is a fast-moving area — which is exactly why acting quickly matters.

Denied a bond hearing? Federal habeas is the answer

When an immigration judge refuses to hold a bond hearing — or ICE holds you without one — the remedy is a petition for a writ of habeas corpus under 28 U.S.C. § 2241 in federal district court. That is how Alvarez was won. A federal judge can order the government to give you a bond hearing, or order your release.

  • You were told you get no bond hearing because you entered without inspection
  • You’re held under “mandatory detention” that may not lawfully apply to you
  • Your detention has dragged on with no bond hearing

Detained after a final removal order instead? See the Zadvydas 6-month rule. Want the underlying bond process in Florida? See our Florida immigration bond hearing guide.

File your habeas petition in the right court

District of ColumbiaMiddle District of FloridaNorthern District of FloridaSouthern District of FloridaWestern District of Texas

Frequently asked questions

Not necessarily. A federal habeas petition can challenge it — and in the Eleventh Circuit (which covers Florida), Alvarez v. Warden held that many people who entered without inspection ARE entitled to a bond hearing under § 236(a).
A 2025 BIA decision holding that people who entered without inspection are 'applicants for admission' under INA § 235(b), so immigration judges can't grant them a bond hearing. Several federal circuits — including the Eleventh, over Florida — have rejected it.
A petition under 28 U.S.C. § 2241 puts your detention in front of a federal judge, who can order a bond hearing or your release. It's the same vehicle that won Alvarez.
No — it's an active circuit split widely expected to reach the U.S. Supreme Court, and the Eleventh Circuit's decision is being litigated further. That's why it's important to move quickly with a lawyer.

Schedule a Consultation

If an immigration judge denied you a bond hearing or ICE is holding you with no bond, we can evaluate a federal habeas petition right away.

Call (888) 963-7326

Attorney Advertising. General information, not legal advice, and does not create an attorney–client relationship. This is a fast-moving area of law; outcomes depend on the facts of each case.