American Immigration Council and The Legal Aid Society Practice Advisory UPDATE – Detention under INA § 235(b): Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025)

Topics: Asylum / Withholding / CAT, Parole, Trainings & Guidance

Tags: 2025 Policies, Board of Immigration Appeals (BIA), Defensive, Detention, EOIR, Expedited Removal, Federal litigation, Grounds of inadmissibility, Habeas, Humanitarian Parole & Re-Parole, ICE, OPLA, Practice Advisories, Removal Proceedings

Published on: 09-23-2025

Updated on: 09-23-2025

Update to the American Immigration Council and The Legal Aid Society’s practice guide on detention under INA § 235(b). Shortly after that practice guide was published, on September 5, 2025, the Board of Immigration Appeals issued Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025), a precedent decision finding that any noncitizen who is present in the U.S. without inspection and admission is subject to detention under INA § 235(b), not INA § 236(a). This update explains the impact of that decision. Copyright © American Immigration Council. Reprinted with permission.

Related materials: Practice Guide