September 5, 2025ADMINISTRATIVE DECISIONMandatory detention expansionArriving aliensSection 235(b)Detention scope
BIA Issues Matter of Yajure Hurtado Reclassifying Interior Arrests
The Board of Immigration Appeals issues a precedential decision in Matter of Yajure Hurtado (Sept 5, 2025) holding that §235(b) mandatory detention applies not only to arriving aliens at borders but to all aliens apprehended in the interior without lawful admission, regardless of length of U.S. residence. This interpretation expands the scope of §235(b) mandatory detention by eliminating the "arriving alien" limitation previously understood as geographically bounded. The decision applies across all immigration courts nationwide and affects millions of long-term interior residents.