New BIA Decision Reinforces Mandatory Detention for Border Crossers—Could It Affect You?
A recent ruling by the Board of Immigration Appeals (BIA), Matter of Q. Li (29 I&N Dec. 66), may directly impact thousands of people who crossed the border without authorization and are currently awaiting their immigration hearings while living in the United States.
What Does the Decision Say?
The court reaffirmed that anyone arrested without a warrant upon entering the United States—whether at an official port of entry or between ports—must be treated as an “applicant for admission” and detained under INA § 235(b).
This could mean:
- Ineligible for bond under INA § 236(a).
- If released on parole and that parole is revoked, they must return to mandatory custody.
- Even if they are in standard (non-expedited) removal proceedings, detention remains compulsory.
Who Could Be Affected?
- People who crossed the border without inspection and were released on parole by ICE or CBP.
- Individuals with immigration court dates still pending.
- Parents, workers, and families living and working in the U.S. while they wait for their hearings.
What Does This Decision Mean in Practice?
- No automatic right to a bond hearing for those picked up right after crossing the border unlawfully.
- Being released on parole does not change legal status; if parole is revoked, mandatory detention resumes until the case ends.
What Should You Do If This Applies to You?
At Juarez Law P.C. we recommend:
- Stay in close contact with your attorney or paralegal.
- Do not miss any ICE check-ins or court hearings.
- Report any address changes immediately.
- Schedule a consultation if you have questions about your specific situation.
Extra Help for ICE Check-Ins
We offer personalized prep sessions before your ICE appointments (a service outside the standard contract). We’ll help organize documents, anticipate questions, and craft a clear strategy.
Will ICE Start Detaining Everyone?
No official guidance has been issued yet, but this decision gives ICE a legal basis to detain people who were previously released on parole. That’s why it’s crucial to stay informed, act early, and get legal advice.
Schedule a Consultation If You—or a Loved One—Are Waiting for an Immigration Hearing After Crossing the Border
At Juarez Law P.C. our priority is protecting you. We’ll review your case thoroughly and explain how this decision might affect you. Don’t wait for policy changes—prepare today.
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🏢 Office: Juarez Law P.C., 78-27 37th Ave. Suite 9, Jackson Heights, NY
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