© Farhad Sethna, Attorney, 2026
The US Federal District Court for the Central District of California issued a decision on February 18, 2026, finally vacating the BIA decision Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025) in its entirety. It appears that the District Court had finally lost patience with the reticence of the executive branch since Judge Sunshine Sykes issued her order in December, requiring that eligible class members were entitled to bond hearings before immigration judges.
In response, on January 13, 2026,Chief Immigration Judge Teresa Riley, sitting in Cleveland, Ohio, decreed that immigration judges should not follow the December order, claiming that Judge Sykes had issued only a declaratory judgment, and not an injunction. Therefore, immigration judges could continue to deny non-citizens bond if they had not entered the country after having been inspected and admitted.
Judge Sykes’ patience finally wore out. On February 18, she issued the order which is attached. I would commend the reader to look at pages 15 and 16 of the order, which politely, but firmly, described the judge’s frustration with the continued intransigence of the Department of Homeland Security and the Department of Justice, which oversees the immigration courts and the Board of Immigration Appeals.
Briefly, the order requires that Immigration Judges grant bond hearings to aliens and that Immigration Judges have the authority to grant bond to detained aliens. The DHS has already begun to float the idea that Judge Sykes’ ruling applies only in the states within the 9th Circuit.
Of course, the DHS can and probably will appeal. They could appeal to the Ninth Circuit Court of Appeals, and even move for a stay pending appeal, or they could take the case directly to the Supreme Court on the emergency docket. Either way, we shall see. My money is on the DHS appealing directly to the Supreme Court.
In the interim, detained aliens can and must seek release on bond, stating that Yajure Hurtado has been vacated, and consequently, immigration judges have the legal authority and the discretion to grant release on such bond and under such conditions as they deem appropriate.
Stay tuned for developments on this very important matter.
© Farhad Sethna, Attorney, 2026
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.