A Federal Court Recognizes the Right to a Bond Hearing for Immigrants Detained Inside the Country

Q: What did the court decide?

In Santillan Quiroz v. Mullin , the Tenth Circuit Court of Appeals held that people who had already entered the United States and have been living here, and who are later detained by ICE in the interior of the country —not at the border— generally do have the right to a bond hearing before an immigration judge. In plain terms: they have the right to ask a judge to consider their release while their immigration case continues, instead of remaining in mandatory detention without that opportunity.

Quick answer: On June 30, 2026, the Tenth Circuit Court of Appeals ruled, in Santillan Quiroz v. Mullin, that certain immigrants detained by ICE inside the country have the right to request an immigration bond hearing before an immigration judge, instead of remaining in mandatory detention throughout their proceedings. With this decision, four federal circuits now have favorable precedent, covering 16 states. The ruling does not automatically apply nationwide, and each case depends on the state where the person is detained.

When a loved one is detained by immigration authorities, nearly every family asks the same question: will they be able to get out while the case is resolved? Over the past several months, many people received a discouraging answer. That is why this recent decision on the immigration bond hearing brings hopeful news worth knowing about.

What did the court decide?

In Santillan Quiroz v. Mullin, the Tenth Circuit Court of Appeals held that people who had already entered the United States and have been living here, and who are later detained by ICE in the interior of the country —not at the border— generally do have the right to a bond hearing before an immigration judge. In plain terms: they have the right to ask a judge to consider their release while their immigration case continues, instead of remaining in mandatory detention without that opportunity.

Why does this decision matter?

In July 2025, the Government adopted a new interpretation of the law and began arguing that many of these individuals had to remain in mandatory detention, with no chance to request bond. That change led to a notable rise in the number of people detained and a large wave of legal challenges. The Tenth Circuit concluded that the law allowing release on bond is the one that normally applies to people detained inside the country.

Which states does it apply to?

With this decision, four federal circuits now have favorable precedent, covering 16 states. What matters is the state where the person is detained:

Tenth Circuit (this ruling): Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming.
Eleventh Circuit (includes Florida): Alabama, Florida, and Georgia.
Second Circuit: Connecticut, New York, and Vermont.
Sixth Circuit: Kentucky, Michigan, Ohio, and Tennessee.

Other circuits have sided with the Government or have not yet decided, so the picture may change.

Who could it help?

Mainly people who had already entered the United States, have been living here, and are later detained by ICE in the interior of the country. Every situation is different, and factors such as a person’s individual history can affect the outcome.

What does this decision NOT mean?

It is important to explain this without creating false expectations. This decision does not guarantee the release of a detained person. What it recognizes is the right to a hearing: the opportunity to appear before a judge who will review the particular situation and decide. Because the issue is still split among the courts and the Supreme Court has not yet resolved it, how it applies in practice depends on the judicial circuit and on the details of each case.

A message of hope and action

We know these months have been difficult for many families. News like this reminds us that the legal system offers paths forward. If you or a loved one is detained, or fears a possible detention, the best decision is not to wait. An immigration attorney can review your case specifically and explain the real options based on your situation. At the Law Office of Jesus Reyes, PLLC, we are here to support you.

Frequently asked questions

What is an immigration bond hearing?

It is a hearing before an immigration judge that considers whether a detained person may be released, usually on bond, while their case continues. It is not a decision on the immigration case itself, but on the detention.

Who can request a bond hearing after this decision?

Generally, people who entered the United States, have lived here, and were later detained by ICE in the interior of the country, as long as their case is in a circuit with favorable precedent. Every case must be evaluated individually.

Does this decision apply nationwide?

No. It applies depending on the judicial circuit where the person is detained. So far, four federal circuits have favorable precedent (16 states), but others do not, and the Supreme Court has not yet resolved the conflict.

Does a bond hearing guarantee release?

No. It recognizes the right to have a judge review the case and decide. The outcome depends on each person’s circumstances.

What should I do if a family member is detained by ICE?

The best step is to schedule a consultation with an immigration attorney as soon as possible, to review the case specifically and learn the available options.

Do you need help with an immigration case? We handle cases worldwide. Contact us to start resolving your case!

For detailed information about our consultations and availability, please contact us.
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* The information in this publication IS NOT LEGAL ADVICE for a specific case. Every case is different, and consulting an immigration attorney is recommended. If you need legal assistance with your case, we recommend scheduling a consultation with our firm.