11/25/2025
TODOS CALIFICAN PARA FIANZA!!!
Hello all,
Today the district court in Maldonado Bautista granted nationwide class certification and partial summary judgment on behalf of the class rejecting Matter of Yajure Hurtado and the predecessor ICE policy applying 235(b)(2)(A) detention without bond to all persons who entered without admission/inspection. This means that class members across the country now have a binding judgment declaring they are detained under INA 236, and are entitled to be considered for release on bond. The order granting partial summary judgment came out last Friday, before the class certification order was issued. But the class cert order expressly states: "When considering this determination with the MSJ Order, the Court extends the same declaratory relief granted to Petitioners to the Bond Eligible Class as a whole." (see p.14 of attached class cert order).
The Bond Eligible Class is nationwide and encompasses:
All noncitizens in the United States without lawful status who (1) have entered or will enter the United States without inspection; (2) were not or will not be apprehended upon arrival; and (3) are not or will not be subject to detention under 8 U.S.C. § 1226(c), § 1225(b)(1), or § 1231 at the time the Department of Homeland Security makes an initial custody determination.
As such, all class members should now be able to present the attached court's orders with their bond request packet, and receive a bond hearing from the IJ. We will work on posting a formal advisory next week along with a template bond request form.
If you already have a pending habeas action and your client falls under the class definition, you should submit these attached orders and a request that the habeas court grant the habeas forthwith pursuant to 28 US 2243, as your client is a class member and a district court has now issued declaratory judgment in their favor demonstrating that their current detention is unlawful.
If an IJ refuses to abide by law and comply with the declaratory judgment, we will prepare a template habeas to share.