New Ruling Ends Bond Hearings for Those Who Entered Without Inspection

Marshall Cohen
Sep 22
3 min read

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Quick Summary: On September 5, 2025, the Board of Immigration Appeals ruled that foreign nationals who entered the US without inspection, and are later detained, can now be classified as “arriving aliens,” making them ineligible for bond hearings before an immigration judge.

Key Points:

Foreign nationals who entered without inspection, and later detained by ICE, are not eligible for bond hearings.
Appeals are expected, but the rule remains in effect for now.

If your loved one has been detained, contact Antonini & Cohen immediately by calling (470) 428-3200 today to schedule a consultation with one of our Atlanta immigration attorneys.

At Antonini & Cohen, we know how. We fight harder.

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Until recently, many foreign nationals who entered the US without inspection, and were later detained by ICE, could request a bond hearing before an immigration judge. Marshall Cohen, co-founder of Antonini & Cohen Immigration Law Group, explains the new rule limiting bond eligibility.

If a loved one has been detained by ICE, please contact Antonini & Cohen immediately! Call us at (470) 428-3200 for a consultation with one of our Atlanta immigration attorneys, and we will review their eligibility for other forms of relief.

At Antonini & Cohen, we know how. We fight harder.

Bond Hearing Eligibility – What Changed?

On September 5, 2025, the Board of Immigration Appeals (BIA) ruled that foreign nationals who entered the US without inspection, and are later detained by ICE, may be classified as an “arriving alien,” making them ineligible for bond hearings before an immigration judge.

This ruling immediately impacts thousands currently in immigration custody. Families who once relied on bond hearings to secure the release of loved ones must now consider other forms of relief.

The BIA ruling will most likely be appealed to the U.S. Circuit Court of Appeals.

Seek Relief with A&C

At Antonini & Cohen, we understand the urgency and fear this change brings. If your friend or family member has been detained, our attorneys can advise you on bond eligibility, possible parole, or further forms of relief.

📞 Contact us today at (470) 428-3200 to schedule a consultation with one of our experienced Atlanta immigration attorneys and protect your loved one’s rights.

At Antonini & Cohen, we know how. We fight harder.

📚 Video Transcript

Hi, I'm Marshall Cohen, founding partner at Antonini & Cohen Immigration Law Group. Up until last Friday, if a person entered the United States without inspection and was arrested by ICE and detained, most of the time they were eligible to request a bond redetermination hearing from an immigration judge. That changed on Friday.

The Board of Immigration Appeals issued a decision stating that every single person that entered the United States without inspection could be categorized as an “arriving alien.” As an “arriving alien,” you are not eligible for a bond at all. So that changes the game.

And now, if you entered without inspection and you're arrested by ICE, you have no eligibility for a bond. I'm sure this decision is going to be appealed to a U.S. Circuit Court of Appeals, so this is not over. But for now, if you're detained and you entered without inspection, you are not eligible for a bond redetermination hearing.

So, if you know of someone, a friend or a loved one, who has been detained by immigration, call us at Antonini & Cohen. We can advise you regarding your eligibility for bond and any further eligibility for relief from removal. At Antonini & Cohen, we know how, and we fight harder.

Resources

Marshall Cohen, a founding partner of Antonini & Cohen, has devoted his career to helping immigrants achieve their dreams. For more than 30 years, he has practiced immigration law exclusively, guiding thousands of families, professionals, and individuals through every step of the process – from visas and Green Cards to naturalization, deportation defense, and appeals.