Where someone is detained can decide whether they get a bond hearing.
The federal courts of appeals are divided over whether a person who entered the United States without inspection, and was later arrested in the interior, may ask an immigration judge for bond — or must be held without one. This page tracks where each circuit stands, with the decisions behind it.
The split, circuit by circuit
Select a state to see the controlling decision for that circuit. Immigration court jurisdiction generally follows where a person is physically detained, which is not always where they live — and people are sometimes transferred between facilities.
Every circuit, in a table
The same information as the map, for reference and for screen readers.
| Circuit | Status |
|---|
What this does — and does not — mean
This map answers one narrow question: which detention statute a circuit applies. It does not predict what happens in any individual case.
A hearing is not a bond
Being eligible to ask for a bond hearing is not the same as being released. An immigration judge still decides whether to set bond and in what amount, and the government may argue for continued detention.
Other detention rules still apply
Separate mandatory detention provisions — including those tied to certain criminal grounds — can apply regardless of which circuit a person is in, and can independently bar release.
The law is moving
Several of these decisions are weeks old, one circuit is rehearing a related question, and the Supreme Court may take the issue up. What is accurate today may change.
Where a consultation begins
If someone you love is detained, the practical questions come first: where are they being held, which immigration court has their case, what is the legal basis for the detention, and what does the record actually support. Those answers turn on specific facts — not on a map.
Request a ConsultationSources
- Catholic Legal Immigration Network, Inc. (CLINIC), A Circuit Split Ripe for Review: Mandatory Detention Under INA § 235(b)(2)(A), last updated Sept. 11, 2026 — cliniclegal.org.
- 8 U.S.C. § 1225 (INA § 235) and 8 U.S.C. § 1226 (INA § 236) — law.cornell.edu.
- Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025).
- Office of the Solicitor General, Rhoney v. Barbosa da Cunha — justice.gov.
- Individual circuit dockets are linked from each circuit's entry above.
This page is general legal information, not legal advice, and does not create an attorney-client relationship. It summarizes published court decisions as of the date shown and is not a prediction about any case. Whether a particular person is eligible for a bond hearing, and whether bond would be granted, depends on the specific facts of that case, including where the person is detained, how they entered, and their immigration and criminal history. Court decisions in this area are changing quickly and may be appealed, reheard, or superseded. Consult a qualified immigration attorney about your situation. This website is attorney advertising.