If a relative of yours is detained and you were told “there is no bond available,” this news matters to you. Nine federal appeals courts have now said that answer is, in many cases, wrong.
En el bufete de abogados Campos, seguimos de cerca la evolución de la política de inmigración de EE. UU. para proteger los derechos y el futuro de nuestros clientes. A continuación te explicamos lo que se sabe, lo que aún no se sabe y qué puedes hacer.
What did the Fourth Circuit decide?
El September 10, 2026, the Fourth Circuit Court of Appeals held in Lopez Garcia v. Guadian that the government may not mandatorily detain, without a bond hearing, people who have been living in the United States and were not arrested trying to enter at the border.
La decisión fue 2-1. Judge Nicole Berner and Judge Barbara Milano Keenan wrote for the majority; Judge Allison Jones Rushing dissented. The cases arrived as habeas corpus petitions filed by private counsel and the American Civil Liberties Union (ACLU).
With this ruling, nine federal appeals courts have rejected the government’s reading and two have accepted it. The Department of Homeland Security (DHS) maintains its position is correct, and the government has already asked the Supreme Court to review two of those losses.
Why can’t the courts agree?
Everything turns on which section of the statute applies to your case, and the difference is enormous.
- 8 U.S.C. § 1226(a): the general rule for people already inside the country. It lets an immigration judge consider bond case by case.
- 8 U.S.C. § 1225(b)(2)(A): written for someone seeking admission at a port of entry. It requires mandatory detention, with no bond.
Since 2025, the government has argued that anyone who entered without inspection — even fifteen years ago — remains legally “an applicant for admission” and falls under the second section. Nine appeals courts have said no: when Congress intends a change of that magnitude, it says so plainly.
A caution about the “nine to two” count: el Fifth Circuit vacated one of its panel opinions and scheduled a rehearing before the full court for 24 de septiembre de 2026. The map can shift at any time, and only the Supreme Court will settle it.
Does this ruling protect you where you live?
An appeals ruling binds only within its own circuit, so geography matters more than people realize.
- Colorado and Utah sit in the Tenth Circuit, which rejected mandatory detention on June 30, 2026 (Quiroz v. Mullin).
- Oregón sits in the Noveno Circuito, which did the same on July 30, 2026 (Rodriguez Vazquez v. Bostock).
- Indiana is in the Seventh Circuit y Florida in the Eleventh; both also rejected the government’s reading.
- The Fourth Circuit, the one that ruled here, covers Maryland, Virginia, West Virginia, North Carolina and South Carolina.
That said, a favorable precedent does not apply itself. Someone has to invoke it: request the hearing before the Immigration Court and, where necessary, file a habeas corpus petition in federal district court.
A bond hearing is not automatic release
This is the part most often misread, and it deserves to be said plainly: winning the right to a hearing is not winning freedom. What the ruling secures is that an immigration judge hear your case individually and decide whether there is flight risk or danger to the community.
Concrete things matter at that hearing:
- Community ties: time in the country, family, employment, a stable home and a verifiable address for notices.
- History: criminal record, prior removal orders, and attendance at earlier ICE or court appointments.
- Ability to pay and a sponsor: who can post bond and vouch for your appearance.
- The underlying case: having a viable application for relief before the Immigration Court weighs in your favor.
If a relative is detained, the urgent steps are to locate them (ICE runs a public detainee locator), confirm which section they are being held under, and consult an attorney before signing anything — including voluntary departure.
Protege tu situación migratoria con el bufete de abogados Campos
When someone in your family is detained, every day counts and bad information costs weeks. Nine courts siding with immigrants means nothing if no one files the right request in the right forum.
At Campos Law Firm we check which section your relative is being detained under, which precedent governs in your circuit, and what evidence a bond hearing requires. We do not make unrealistic promises. We provide serious legal representation backed by preparation and integrity.
No dejes tu situación migratoria al azar. Llámanos hoy mismo al +1 (844) 922-6767 para concertar una consulta gratuita y confidencial en inglés o en español. Bufete de Abogados Campos: soluciones jurídicas en todas las áreas del derecho.
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