MAJOR RULING OVERTURNS MANDATORY DETENTION

Major Victory for Detained Immigrants: The Sykes Decision Restores Your Right to a Bond Hearing
(Updated November 26, 2025)

On November 25, 2025, U.S. District Judge Sunshine Suzanne Sykes certified a nationwide class and issued a permanent injunction blocking the Department of Homeland Security (DHS) and the Board of Immigration Appeals (BIA) from enforcing Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025).

For months, since July 2025, this BIA decision and DHS policy had been used to deny bond hearings to tens of thousands of people who crossed the border between official ports of entry but were later arrested inside the United States — often weeks, months, or even years after entry.

This ruling is now illegal nationwide, under Judge Sykes nationwide injunction. Every Immigration Judge in the country must follow the Sykes decision.

If an Immigration Judge ever told your loved one:

• “I have no jurisdiction because of Yajure Hurtado,” or
• “You are an arriving alien — only DHS can release you,”

— that ruling is now void, and your loved one has the right to request a bond hearing immediately.

Who Is Covered by the Sykes Decision?

The decision protects all noncitizens who:

1. Entered  the United States without inspection (EWI);
2. Were NOT arrested at or near the border or immediately after crossing;
3. Are NOT subject to mandatory detention due to certain criminal convictions;
4. Are NOT currently in expedited removal or under a final order of removal.

If your loved one was picked up inside the United States — at home, work, a traffic stop, probation office, or anywhere away from the border — the Sykes decision likely applies to them.

This is true regardless of:

• How long ago they entered,
• Whether they have a pending asylum case,
• Whether ICE says they are an “arriving alien,”
• Whether bond was previously denied for lack of jurisdiction.

What You Should File Right Now

(And why this is faster and cheaper than people think)

OPTION 1 — If a bond request was NEVER filed before

Submit a new Request for a Bond Redetermination Hearing.

• There is no filing fee for an initial bond request.
• The Sykes ruling is a clear “change in law” that justifies an immediate filing.

OPTION 2 — If the judge previously denied jurisdiction under Yajure Hurtado

File a second (successive) Request for Bond Redetermination.

• Again, no filing fee.
• This is not a motion to reopen with its $1,045.00 filing fee and additional steps in the process.
• A  successive bond request based on new law is free, faster, and fully permitted.

What Happens at the Bond Hearing?

Thanks to the Sykes ruling, the Immigration Judge must now take jurisdiction and apply the traditional Matter of Guerra factors:

1. Are you a danger to the community?
2. Are you a flight risk (likely to miss court)?

DHS is fighting hard for high bond amounts and even trying to claim people are a flight risk simply because they are present without status, or are unlikely to depart the United States if ordered deported. That is why you need to file well researched and prepared bond motions, with all supporting evidence.

Our job is to organize and present that evidence clearly and convincingly.

Documents That Help Us Win Your Case

From the Bond Sponsor

(the person who will pay or co-sign the bond)

• Government-issued photo ID
• Proof of U.S. citizenship or lawful immigration status
• Last two months of pay stubs or other proof of income
• Most recent tax return (first two pages)
• Utility bill or lease in the sponsor’s name
• Bank statement (if posting a cash bond)

Evidence Showing Strong Community Ties (helps reduce flight-risk concerns)

• Letters from U.S. citizens or lawful residents
• Birth  certificates of U.S.-citizen children
• School records, IEP plans, or attendance records for children
• Job offer letters or proof of past employment
• Lease, mortgage, or long-term residence documents
• Church, community, or volunteer letters
• Medical records showing ongoing care
• Certificates from rehabilitation or parenting programs

We prepare a complete packet for the judge and use our legal experience to highlight the strongest evidence.

How Much Are Bonds, and How Do You Post Them?

• The minimum bond under the law is $1,500.
• Most bonds right now are between $1,500 and $35,000, depending on the case.

You have two options:

1. Pay the full amount in cash to ICE.

• ICE returns the money at the end of the immigration case,
• as long as the person attends all hearings and complies with the process.

2. Use a licensed immigration bond agency.

• You pay a non-refundable premium,
• You may be able to use property of equipment as collateral

Do Not Wait — This Window Is Wide Open Right Now

If your loved one is detained — especially if the judge said “no bond” or “no jurisdiction” — the Sykes decision may give them an immediate chance at release.

But this is just one federal judge. And, although recent federal habeas decisions seems to support the Court’s ruling, this injunction could be stayed by an appellate or the Supreme Court. Or, this administration may come up with some other “new” policy.

That means time is of the essence. You want to file and get your bond hearing as soon as possible.

We offer:

• In most cases- 24 hour filing of new or successive bond requests, once all supporting documents are received
• Flat-fee options that most families can afford
• Spanish-speaking and multilingual staff to support families nationwide

Contact us immediately:

? immigration@bmdllc.com
? 24-hour Bond Hotline: 216.239.2447

To obtain a copy of our free “How to Apply for and Immigration Bond” guide, email us at immigration@bmdllc.com.