Is Your Loved One in Detention?

What Families Need to Know About Immigration Detention and Bond Hearings Right Now

If someone you love has been picked up by ICE and is sitting in a detention center, you are probably terrified and confused. You may have been told there is no bond and that your family member has no right to a hearing, no chance at release while their case moves through the courts.

In many cases, that is simply wrong. And courts across the country are saying so, including in Kentucky and Ohio.

We have a proven record of successful litigation, securing the release of immigrants from detention.

Not Everyone Who Is Detained Has the Same Rights

When ICE arrests someone, the law that governs their detention determines whether they can get out on bond while their immigration case is pending. There are essentially three buckets:

People with serious criminal histories fall under a mandatory detention law (8 U.S.C. § 1226(c)) that gives immigration judges no power to release them on bond. If your loved one has certain criminal convictions, this may apply.

People who were apprehended at the border or a port of entry fall under a different law (8 U.S.C. § 1225(b)) that also limits bond eligibility.

Everyone else. People who have been living in the United States, who entered without going through a border checkpoint, and who don't have a disqualifying criminal record generally fall under a law (8 U.S.C. § 1226(a)) that entitles them to a bond hearing before an immigration judge. That means a judge must look at their individual situation and decide whether they are a danger or a flight risk before they can be held. If they aren't, they can be released while their case is decided.

The problem is that the government has been arguing that anyone who ever crossed the border without going through an official checkpoint is permanently locked out of bond hearings, no matter how long ago that was, no matter how long they have lived here, no matter how strong their ties to their community and family.

Courts have been pushing back hard.

What Changed — And Why It Matters for Your Family

In September 2025, the immigration court's appeals body (called the BIA) issued a ruling called Matter of Yajure Hurtado that said exactly what the government wanted: anyone who entered without inspection is not eligible for a bond hearing, period. Immigration judges across the country were ordered to follow it.

The case involved a Venezuelan man who had lived in the United States for three years, had Temporary Protected Status, and had no criminal record. Under the government's new interpretation, none of that mattered. He had no right to ask a judge to release him.

But federal courts disagreed. Dozens of district courts across the country had already rejected this interpretation before Yajure Hurtado was even issued. A major class action lawsuit called Maldonado Bautista v. Noem, filed in federal court in Los Angeles, challenged the government's position on behalf of everyone in the same situation.

In December 2025, that federal court ruled clearly: the government's interpretation is wrong. People already living in the United States who entered without inspection are entitled to bond hearings under § 1226(a).

The government's response? It told immigration judges to ignore the ruling and keep following Yajure Hurtado anyway.

That defiance triggered a flood of legal filings, including hundreds of habeas filings. Over 400 people nationwide have been granted release through these filings.

On February 18, 2026, the court went even further, using its authority to officially wipe Yajure Hurtado off the books entirely and explicitly held that it is contrary to law. The government was ordered to notify detained individuals of their rights.

What Is a Habeas Petition and Why Does It Matter?

Habeas corpus filings are simple, if not intimidating: if the government is holding you, a court can demand they justify it.

A habeas petition is a filing in federal court that asks a judge to review whether your loved one's detention is legal. If the court finds that it isn't, it can order their release or order that they receive a bond hearing.

Right now, habeas petitions are one of the most powerful tools available for people who have been denied immigration bond hearings they are entitled to. Hundreds of families have used this route to get their loved ones home while their immigration cases continue.

Who Qualifies?

Your loved one may have a strong claim if:

• They entered the United States without going through a border checkpoint (this is sometimes called "entry without inspection" or EWI).

• They made it into the country and have been living here.

• They do not have certain serious criminal convictions that trigger mandatory detention.

• They were denied a bond hearing, or told they have no right to one.

• This list is not exhaustive and there are tons of exceptions. Schedule a consult with our attorney to review your or your loved one’s specific case.

This covers an enormous number of people. Entry without inspection is the charge in the majority of immigration court cases right now. If your loved one is one of them, they may have rights the government has been denying them.

What Can You Do?

Act quickly. The law could change at any moment. Every day your family member spends in detention is a day they are separated from you, potentially losing their job, and unable to meaningfully participate in preparing their own defense.

Get an attorney involved. The law in this area is moving fast. Immigration judges are still inconsistently applying the rules, and whether your loved one gets a bond hearing may depend on whether someone is advocating aggressively for them with the right legal arguments and the right documents in hand.

Know that the courts are on your side. This is not a hopeless situation. Federal courts across the country have been granting relief. We have personally helped individuals out of detention.

We Can Help

We have fought and won cases that freed immigrants from detention.

If your loved one has been detained, denied a bond hearing, or if you are not sure whether they qualify for one we want to hear from you.

A consultation is the first step. We will review your loved one's situation, explain their options honestly, and tell you whether we think we can help. You do not have to navigate this alone.