# Matter of Yajure Hurtado **Status: stub — expand.** ***Matter of Yajure Hurtado*** (BIA, September 5, 2025) is the [[Board of Immigration Appeals]] precedent that reclassified everyone who entered the United States without inspection — regardless of how many years they have lived here — as an "applicant for admission" under 8 U.S.C. § 1225(a)(1), and therefore subject to mandatory detention under § 1225(b)(2)(A) with no authority in an immigration judge to hold a bond hearing. Before it, such people were ordinarily detained under § 1226(a), where a judge could set bond. The decision is the administrative backbone of the expanded no-bond regime and the reason immigration detention rose to roughly 65,800 by July 2026 with 70.6% of detainees having no criminal conviction. **The split.** *Buenrostro-Mendez v. Bondi* (5th Cir., February 6, 2026) agreed with the Board; the Second, Third, and Sixth Circuits disagreed. *Maldonado Bautista v. Noem* (C.D. Cal., Judge Sunshine Sykes, February 18, 2026) vacated the decision for a nationwide class. *Sosnava-Rodriguez v. Ortega* (5th Cir., July 2, 2026) held that even under § 1225(b) the Due Process Clause forbids detention beyond 90 days without a custody hearing — and was vacated for en banc rehearing on July 10, set for September 2026. The related § 1226(c) question, *Genalo v. G.M.*, is set for Supreme Court argument October 13, 2026. As of this writing, whether a person gets a bond hearing depends on the circuit they are held in. ## See also - [[Immigration Removal Pipeline]] — Stage 4 - [[Board of Immigration Appeals]] · [[Laken Riley Act]] · [[Habeas Corpus]]