Federal Court Grants Nationwide Class Certification and Bond Eligibility for Thousands in Landmark Maldonado Bautista Decision

In a major victory for due process and noncitizens’ statutory rights, a federal district court today issued a nationwide class certification order in Maldonado Bautista v. Garland, extending previously granted declaratory relief to all members of the newly certified Bond Eligible Class. The ruling effectively rejects Matter of Yajure Hurtado and the related ICE policy that had long subjected certain noncitizens who entered without inspection to mandatory detention under INA § 235(b)(2)(A)—without the possibility of bond.

Background and Procedural Posture

Last Friday, the court granted partial summary judgment in favor of the named petitioners, holding that individuals who entered without admission/inspection but were not apprehended at the border are not properly detained under INA § 235(b)(2)(A). Instead, the court concluded that such individuals fall under INA § 236, the general arrest-and-detention statute that provides for custody redetermination by an immigration judge, including bond consideration.

Today’s class certification order explicitly adopts that same relief on a nationwide basis. On page 14 of the certification order, the court 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.”

This linkage between the summary judgment ruling and the class certification order means that the declaratory judgment is now binding for all class members nationwide.

Key Holding

The court’s combined orders establish the following principle:

Class members are detained under INA § 236—not INA § 235(b)(2)(A)—and therefore are legally entitled to consideration for release on bond.

This represents a significant shift away from the now-rejected framework of Matter of Yajure Hurtado, which had treated virtually all noncitizens who entered without inspection as subject to mandatory detention without bond under § 235(b)(2)(A), regardless of the circumstances of their apprehension.

The Nationwide Bond Eligible Class

The court certified the following class:

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) (mandatory criminal detention),

  • 8 U.S.C. § 1225(b)(1) (expedited removal), or

  • 8 U.S.C. § 1231 (post-final-order detention)

at the time DHS makes the initial custody determination.

Because the class is nationwide, DHS and ICE must now treat individuals meeting this definition as eligible for bond hearings, unless a separate statutory mandatory-detention ground applies.

Impact

This litigation represents one of the most consequential detention-authority decisions in years. Its effects include:

   •   Immediate bond eligibility for thousands of noncitizens who previously were deemed mandatorily detained under § 235(b)(2)(A).

   •   Uniform nationwide standards on how DHS must classify such individuals when making initial custody determinations.

   •   Significant constraints on ICE practices that had expanded § 235 detention far beyond its text and purpose.

   •   A likely increase in bond redetermination hearings before immigration judges across the country.

Government appeal is possible, but unless and until a higher court stays or overturns the orders, DHS is legally bound to comply.

Acknowledgements

This landmark outcome is due in large part to the extraordinary work of the Northwest Immigrant Rights Project (NWIRP) and co-counsel. Their advocacy, litigation strategy, and sustained commitment to protecting statutory and constitutional rights made today’s nationwide relief possible.