Detained by ICE? Denied a Bond Hearing? A Federal Court May Order Your Release.

If your family member was arrested by Immigration and Customs Enforcement and told they have no right to a bond hearing, federal courts are ruling that policy unlawful. Our immigration detention lawyers file habeas corpus petitions to get detained immigrants in front of a federal judge who can order release.

Why Is ICE Denying Bond Hearings in 2025?

In July 2025, ICE announced a new policy claiming that anyone who entered the United States without inspection is subject to mandatory detention under INA § 1225(b)(2)—with no bond hearing allowed. The Board of Immigration Appeals followed with Matter of Yajure Hurtado, stripping immigration judges of authority to even hold bond hearings for these individuals.

This affects people who:

• Crossed the border years ago and have lived peacefully in the U.S.
• Were released on parole through CBP One and later re-detained
• Came through the CHNV parole program (Cuba, Haiti, Nicaragua, Venezuela)
• Had previous bond or were on supervision and got picked up at a check-in
• Have U.S. citizen children, jobs, and deep community ties

The immigration court now tells these families: “We don’t have jurisdiction to give you a bond hearing.”

What Is Immigration Habeas Corpus?

Habeas corpus is a legal action filed in federal district court—not immigration court—that challenges whether the government can lawfully detain someone. When ICE claims someone has no right to bond, a habeas petition asks a federal judge to review that decision.

Federal courts across the country are granting these petitions, ruling that ICE’s new detention policy violates the Immigration and Nationality Act and the Constitution’s Due Process Clause.

Recent Victories Against ICE Mandatory Detention Policy

Judges in New York, California, Massachusetts, Texas, Arizona, Washington, Minnesota, and other states have rejected ICE’s position. Courts are ordering bond hearings where the government must prove the detained person is dangerous or a flight risk—not the other way around.

Do I Have a Strong Habeas Corpus Case?

Best Cases for Immigration Habeas Corpus:

• Arrested inside the U.S. (not at the border) after living here for months or years
• Long-term residents with U.S. citizen family members
• CBP One parolees with terminated or expired parole
• CHNV parolees affected by mass parole terminations
• Re-detained at ICE check-in while fully compliant with supervision
• Detained 6+ months without any custody review
• No serious criminal history

Cases That May Still Qualify:

• Recent arrivals with strong equities
• People with minor or old criminal records
• Those arrested closer to the border with significant U.S. ties

Not sure if you qualify? Contact us for a free case evaluation.

How Our Immigration Detention Lawyers Help

Our habeas corpus attorneys handle federal court filings nationwide:

1. Emergency motions to prevent transfer out of the district
2. Petition for writ of habeas corpus challenging unlawful detention
3. Expedited hearing requests given the deprivation of liberty
4. Federal court representation through resolution

We move fast. Every day detained is a day away from family.

Frequently Asked Questions: ICE Detention & Bond Hearings

Can I fight ICE detention if the immigration judge said no bond?

Yes. Immigration court and federal district court are different. Even if an immigration judge denied jurisdiction, a federal judge can review whether your detention is lawful.

How long does immigration habeas corpus take?

Cases can move quickly—sometimes weeks, not months. Courts recognize that liberty is at stake and often expedite these matters.

What happens if we win the habeas case?

The court typically orders ICE to either release the detainee or provide a bond hearing within 7 days where the government must justify continued detention.

Do you handle cases in all 50 states?

Yes. We file habeas petitions in the federal district where your family member is detained. We handle cases nationwide.

Immigration Detention Lawyer – Offices in San Diego, Brooklyn & Nationwide

Modern Law Group PC has fought for immigrants’ rights for over 16 years. Our attorneys understand the new detention landscape and know how to win in federal court.

Serving families with detained loved ones in:

• California (Otay Mesa, Adelanto, Imperial)
• New York (Batavia, Orange County)
• Texas, Arizona, Louisiana, Georgia and detention facilities nationwide

Get Help Now: Free Immigration Detention Case Review

Is your loved one detained by ICE? Were they denied a bond hearing?

Call Modern Law Group today or fill out our secure online form. We’ll review the case and explain your options.

Don’t let ICE’s unlawful policy keep your family apart.