"[a]liens who are present in the United States without admission .... must be detained for the duration of their removal proceedings."
"[J]ust as Immigration Judges have no authority to redetermine the custody of arriving aliens who present themselves at a port of entry, they likewise have no authority to redetermine the custody conditions of an alien who crossed the border unlawfully without inspection, even if that alien has avoided"
The Department of Justice Board of Immigration Appeals ruled that people who entered the United States without admission must be detained throughout their removal proceedings. The decision arose from the case of Jonathan Javier Yajure Hurtado, a Venezuelan who entered in 2022, received Temporary Protected Status in 2024 that expired in April, and was arrested. An immigration judge ruled it lacked authority to set bond, and the BIA affirmed that ruling on September 5. The three-judge panel included two judges appointed during Attorney General William Barr's tenure and one appointed during Pam Bondi's tenure. Bond eligibility previously existed after roughly two years in the country.
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