No Bond, No Break: New Immigration Ruling Radically Restricts Bond Access
Even law-abiding, paroled immigrants now face indefinite detention under new legal interpretation.
On May 15, 2025, the Board of Immigration Appeals (BIA) issued a decision in Matter of Q. Li that sharply limits the ability of certain detained immigrants to request release on bond. The decision holds that individuals who are arrested shortly after entering the U.S. without permission—regardless of whether they are at a port of entry—are considered “arriving aliens” detained under § 235(b) of the Immigration and Nationality Act (INA). As a result, they are not eligible for a bond hearing under INA § 236(a).
This decision has major consequences for thousands of immigrants—especially those who were apprehended near the border shortly after arriving in the United States and are placed in full removal proceedings after being initially released on parole.
Who is Q. Li—and Why Her Case Matters
Ms. Q. Li, a native of China, entered the U.S. in 2022 by crossing the southern border between ports of entry. She was arrested by immigration officers about 100 yards north of the border on the same day of her entry and later released on parole the next day. Over two years later, her parole was revoked after DHS learned of an outstanding INTERPOL Red Notice from Spain. When she checked in for a routine appointment, DHS served her with a Notice to Appear in immigration court and took her into immigration custody.
She asked for a bond hearing so she could be released from detention while fighting her case. The immigration judge denied her request, claiming a lack of jurisdiction to grant bond. The BIA agreed.
Who is Affected by This Ruling?
Matter of Q. Li reinforces a harsh rule: individuals arrested while “arriving” in the U.S. are not entitled to a bond hearing—period.
This includes people:
- Who crossed the U.S. border at or between ports of entry,
- Who were arrested while or shortly after entering,
- Who were never placed in expedited removal but instead referred directly to full removal proceedings, and
- Who were previously released on parole and complied with all check-ins.
Once their parole is revoked, DHS can re-detain them—and they cannot request bond before an immigration judge.
The Legal Logic: A Matter of Classification
Under § 235(b) of the INA, noncitizens who are treated as applicants for admission must remain detained while their immigration case is pending. According to the BIA, this mandatory detention applies to:
- Anyone arrested while entering the U.S. without inspection,
- Regardless of whether they entered at or between ports of entry, and
- Regardless of whether they were placed in expedited or regular removal proceedings.
The only way for these individuals to be released from detention is through parole—a discretionary decision made by the DHS, not the immigration court.
Once parole is terminated, the person is placed back into “arriving alien” status—and returned to mandatory custody until the completion of removal proceedings.
What This Means for Detained Individuals
The consequences of Matter of Q. Li are severe.
- No bond hearing: Judges have no authority to release detained “arriving aliens” on bond—even when the person has no criminal history, strong community ties, or a winning case.
- More reliance on parole: Release now depends entirely on whether DHS agrees to grant parole—a highly discretionary and often opaque process.
- Longer detention: For those denied parole, detention may last many months (or even years) while their case moves through the court system.
- Heightened deportation risk: Being detained can accelerate deportation and make it harder to prepare a legal defense—especially for those with language barriers or without legal representation.
Is There Any Recourse?
In some limited cases, people detained under § 235(b) may be able to:
- Request parole from ICE or DHS based on humanitarian or public interest grounds;
- Challenge the classification of their detention if there is a factual dispute about where or when they were arrested; or
- Seek federal court review if detention becomes prolonged or unreasonable.
But these are uphill battles. In practice, Matter of Q. Li makes clear that arriving noncitizens—no matter how sympathetic or law-abiding—will not get bond hearings if they were arrested near the border and never formally admitted into the U.S.
Big Consequences
Matter of Q. Li is another sobering example of how the legal classifications applied to immigrants can make all the difference in how their cases unfold. Two people with nearly identical circumstances may receive vastly different treatment—simply based on when and where they were arrested.
For anyone facing detention after crossing the border, this case makes one thing clear: the path forward is more complex, more discretionary, and more uncertain than ever. If you or a loved one is detained—or at risk of being detained—it is essential to speak with an experienced immigration attorney who understands the detention system and can advocate for release through every available channel.
To stay informed about changes in immigration detention and bond eligibility, follow our blog at Joseph & Hall. If you need legal advice specific to your case, you can schedule a consultation with our office here.
