© Farhad Sethna, Attorney, 2025

US District Judge Sunshine Sykes of the United States District Court for the Central District of California issued a final judgment on December 18, 2025, requiring the Department of Homeland Security to stop detaining aliens mandatorily for individuals who fall into the non-eligible class members. This means, aliens who are abruptly picked up, even after years of residence in the United States and held without bond by USICE, are now able to seek bond from an immigration judge. They are subject to detention under 8 U.S.C. § 1226(a) and not subject to mandatory detention under 8 U.S.C. § 1225(b)(2).

Judge Sykes order further declares under paragraph 2 that such aliens are not subject to mandatory detention, and that they are entitled to consideration for bond by immigration officers, and if the DHS does not grant bond, then they are entitled to a custody redetermination (bond) hearing before an immigration judge. The order cites the regulations at 8 C.F.R. § 236.1, 1236.1, and 1003.19 in support.

Finally, the order vacates the DHS’s policy titled “interim guidance regarding detention authority for applicants for admission” under which aliens were being unlawfully placed into mandatory detention, and grants final judgment to the class complainants.

Of course, the DHS will undoubtedly file a notice of appeal, but interestingly, so far has not filed for a motion for stay pending appeal.

 

What does this mean?

This means that aliens who are either already in custody by ICE and are not “arriving aliens”, can seek bond redetermination before an immigration judge if the DHS does not grant bond.

However, be advised, aliens must make a strong showing that they are:

 (a) not a flight risk;

and

(b) not a danger to society.

A full, thorough, and well documented bond packet should be submitted in support of any bond application. Even if bond is granted, it is this author’s experience that immigration judges are issuing bonds in incredibly high dollar amounts. This is of course to discourage the ability of bond recipients to actually post the bond and be released from DHS custody. That however, is another, totally political issue which is beyond the scope of the district court’s jurisdiction.

For now, however, the ill thought of and legally baseless policy of mandatory detention for all aliens can be challenged at immigration court level if ICE does not grant release on bond.

 

© Farhad Sethna, Attorney, 2025

Farhad Sethna has practiced law for over 30 years. He was awarded his JD in 1990 and his MBA in 1991, both from the University of Akron. Since 1996, he has also been an adjunct professor of Immigration Law at the University of Akron, School of Law, in Akron, Ohio, where he wrote and continues to use his own immigration textbook. Attorney Sethna is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. His practice is limited to immigration and small business. He has won awards for excellence in teaching and for pro-bono service. With offices in Cuyahoga Falls, Ohio, Attorney Sethna represents clients in all types of immigration cases before federal agencies and the immigration courts nationwide. A private pilot, it is Farhad’s goal to fly to each of Ohio’s 88 county airports. Our number is: (330) 384-8000. Please send your general immigration questions to farhad@sethnalaw.com. We will try to answer as many questions as possible.