aiLegal Filed a Habeas Corpus Challenging ICE Unlawful Detention Of A Disabled Immigrant

aiLegal has filed a federal habeas corpus lawsuit to challenge ICE’s unlawful detention of a disabled immigrant, defending his constitutional right to due process and confronting the government's misapplication of the recent BIA decision in Matter of Yajure Hurtado. This case underscores aiLegal's core mission: standing up for immigrant rights, protecting the U.S. Constitution, and empowering our clients to pursue the American dream.

On September 5, 2025, the Board of Immigration Appeals (BIA) issued a precedential decision in Matter of Yajure Hurtado, holding that immigration judges lack jurisdiction to conduct bond hearings or grant bond to individuals present in the U.S. without admission. The ruling, based on a new DHS reading of INA § 235 announced in July 2025, has already faced broad rejection in federal courts.

This decision effectively strips immigration judges of the authority to redetermine custody for noncitizens who entered without inspection and never obtained lawful status. As a result, many individuals who previously could seek bond under INA §§ 235 and 236 are now forced to pursue release through habeas petitions in federal district court

The aiLegal's Habeas Challenge

In our habeas filing, aiLegal demonstrated that our client—who was previously apprehended under INA § 236(a)—is not subject to mandatory detention under INA § 235(b)(2). Federal courts have consistently recognized that noncitizens arrested in the interior of the country after prior entry fall under § 236(a), which permits bond hearings before an immigration judge.

Our client has lived in the United States for more than 15 years without any criminal history. He holds valid employment authorization and, despite living with a disability, has successfully operated a small retail store in Florida that serves his local community. ICE arrested him at his business and has detained him for over two months, denying him a bond hearing. We argued that:

• Matter of Yajure Hurtado does not apply to his case.

• He must be considered under INA § 236(a), where the Immigration Judge retains jurisdiction.

• He is entitled to a bond hearing and release under reasonable conditions.

Why This Case Matters

This fight is bigger than one man’s freedom. It is about defending due process, the cornerstone of American democracy.

• Due Process Under Attack: Our client was apprehended under INA § 236(a). Despite his long residence, clean record, disability, and contributions to his community, ICE has detained him without bond under a misapplied legal standard.

• Inappropriate Application of Law: ICE improperly invoked Matter of Yajure Hurtado to justify mandatory detention. That precedent simply does not govern our client’s circumstances.

• Fast, Decisive Action: Within 48 hours, aiLegal prepared and filed a comprehensive habeas petition demanding his release.

Our Commitment

This case reflects who we are at aiLegal:

• Relentless: We act quickly when lives and families are on the line.

• Principled: We uphold the Constitution and demand fairness in every courtroom.

• Resilient: We fight tirelessly for our clients’ rights.

  
  

👉 If you or your loved ones are facing immigration detention, you don’t have to face it alone. aiLegal is ready to fight for your freedom and your future.

Learn More About ICE Detention
ICE detention affects thousands of families every year — often involving long waits, unfair denials of bond, and unlawful detention practices. At aiLegal, we’ve built a dedicated resource page to help you understand your rights, your options, and how our team can step in to protect your freedom.

👉 Visit Our ICE Detention Resource Page to learn what detention means, what legal pathways exist, and how aiLegal can help you or your loved ones today.
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