The United States Court of Appeals for the Sixth Circuit issued an important immigration detention decision on May 11, 2026, in Lopez-Campos v. Raycraft. The court addressed when people in immigration detention are entitled to a bond hearing before an Immigration Judge.

What the Court Decided

The Sixth Circuit held that the government incorrectly used 8 U.S.C. § 1225(b) in cases like Lopez-Campos, where individuals were already living inside the United States when they were later taken into immigration custody.

The court explained that this section is generally used for people who are being treated as if they are asking for permission to enter the United States. In those situations, detention can be mandatory while the government decides whether the person will be allowed to stay.

However, the court made clear that this rule is not meant to apply broadly to everyone who is found inside the United States after they have already entered.

Instead, the court held that a different section – 1226(a) – applies when a person is placed into immigration court proceedings while they are already inside the country. Under this rule, detention is not automatic, and the person has the right to ask for a bond hearing before an Immigration Judge.

Based on this, the court found that Lopez-Campos falls under this different section, meaning he may request a bond hearing and ask the court to decide whether he can be released while his immigration case is still pending.

What this Means for People in Detention

This decision is especially important for individuals who have already been denied bond by an Immigration Judge and are still being held in immigration detention.

Even if someone has already received a bond denial and appealed that decision, they may still be able to ask for a new bond redetermination while they remain detained. A prior denial does not automatically prevent another request for release.

Even if a person did not appeal a prior bond denial, they may still be able to file a new request for bond redetermination if they are still in detention. Each request can be reviewed based on the person’s current circumstances.

Because of this decision, individuals and families should act quickly. Filing a bond redetermination request as soon as possible may be important, especially while detention continues. Delays can affect the opportunity to obtain a bond hearing and possible release.

Circuit Split and Possible Supreme Court Review

Although the Sixth Circuit has issued this decision, the issue is not fully settled nationwide. There is now a clear disagreement among the federal courts of appeals that will likely need to be resolved by the United States Supreme Court.

The Fifth and Eighth Circuits have upheld the government’s position favoring mandatory detention under section 1225(b), which limits access to bond. In contrast, the Second, Eleventh, and now the Sixth Circuit have held that Immigration Judges can still conduct bond hearings under the other section, 1226(a), despite Matter of Yajure Hurtado.

Because of this split among the courts, the Supreme Court will likely need to decide the issue in the future.

 

Andrea Aguilar is an associate attorney with the Law Offices of Farhad Sethna. She earned her Juris Doctor from the University of Akron School of Law and is admitted to practice before the Supreme Court of Ohio. While in law school, she was a member of the Trial Team and participated in the Summer Trial Academy, where she received the “Roo Award” for excellence in courtroom advocacy.

Since joining the Law Offices of Farhad Sethna, she has assisted in a wide range of immigration matters, including asylum, removal defense, and detention and bond proceedings before the immigration courts. She works closely with clients and families navigating complex immigration processes and contributes to case preparation and litigation strategy across various types of immigration relief.