Court Rules ICE Must Offer Bond Hearings in Removal Cases
Oscar Enrique Lopez Garcia and Juan Jose Rivera had lived in the United States for decades. Then, in October 2025, ICE detained them — with no bond hearing, no immigration judge, no chance to ask for release. In September 2026, a federal appeals court said that was illegal.
You came to the United States years ago, built a life here, and then ICE detained you — with no hearing, no judge, no chance to ask for release. That is exactly what happened to Oscar Enrique Lopez Garcia and Juan Jose Rivera, two men who had lived in the US for decades before being taken into immigration detention in October 2025. Neither was accused of a crime. Neither was called a flight risk. Yet the government held them without a bond hearing, arguing it had the legal right to do so.
In September 2026, the U.S. Court of Appeals for the Fourth Circuit disagreed. In a 2-1 decision written by Judge Berner and joined by Senior Judge Keenan, the court ruled that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) — the 1996 law that governs immigration detention — does not allow the government to hold all undocumented immigrants indefinitely without a bond hearing. The court affirmed a lower court ruling by District Judge Patricia Tolliver Giles of the Eastern District of Virginia, who had already ordered the government to give both men a hearing before an immigration judge. The government had appealed that order and lost.
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What changed — and why it matters for you
Starting in July 2025, the government began interpreting IIRIRA to mean that anyone who entered the US without authorization must be detained for the entire duration of their removal proceedings — no exceptions, no bond hearings. The Fourth Circuit rejected that reading. The court said that under the law, people like Lopez Garcia and Rivera — who entered without inspection but are not accused of crimes and are not considered flight risks or dangers to the community — have the right to appear before an immigration judge and ask to be released on bond while their case is decided. The Fourth Circuit covers Virginia, Maryland, West Virginia, North Carolina, and South Carolina. The ACLU Foundation represented both petitioners. Judge Rushing wrote a dissenting opinion, and the government may seek further review.
What to do
- If you or a family member is currently in ICE detention in Virginia, Maryland, or another Fourth Circuit state and has not been given a bond hearing, contact an immigration attorney immediately — this ruling may apply to your situation.
- Ask your attorney about filing a habeas corpus petition (a legal request asking a federal court to review whether your detention is lawful) if ICE is holding you without a bond hearing.
- At a bond hearing before an immigration judge, you can present evidence that you are not a flight risk and not a danger to the community. Gather documents: proof of family ties, employment history, community roots, and any letters of support.
- Follow updates from the American Civil Liberties Union (aclu.org) and the American Immigration Council (americanimmigrationcouncil.org), which were involved in this case and publish guidance as the legal situation develops.
Related: our step-by-step guide — “Your Rights During an ICE Encounter”.
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This ruling is a significant win for detained immigrants in the Fourth Circuit. If you are being held without a bond hearing and you entered the US without authorization but have no criminal history, you now have a strong legal basis to demand one. An attorney can file a habeas corpus petition in federal district court — the same route Lopez Garcia and Rivera used — to force the government to bring you before an immigration judge. The government may appeal further, so the legal landscape could still shift; consult an immigration attorney as soon as possible to understand your options under current law.
Frequently Asked Questions
Does this ruling apply to me if I am detained by ICE in another state?
The Fourth Circuit's ruling directly covers Virginia, Maryland, West Virginia, North Carolina, and South Carolina. If you are detained in a different state, a different federal appeals court covers your area, and the rules may differ. Other circuits have also ruled on this issue, with most siding against the government's position, but you should consult an attorney in your state.
What is a bond hearing in immigration court?
A bond hearing is a proceeding before an immigration judge where you can ask to be released from detention while your removal case is decided. The judge considers whether you are a flight risk or a danger to the community. If the judge grants bond, you pay a set amount of money and are released until your next court date.
The government lost this case — can it still keep people detained without a bond hearing?
The government can ask the full Fourth Circuit or the U.S. Supreme Court to review the decision. Until a higher court rules otherwise, the Fourth Circuit's decision stands: people in the covered states who entered without authorization but have no disqualifying criminal history must be given a bond hearing.
What is a habeas corpus petition and how does it help detained immigrants?
A habeas corpus petition is a legal filing in federal district court asking a judge to review whether your detention is lawful. Lopez Garcia and Rivera used this tool to challenge their detention without a bond hearing, and the district court ordered the government to give them hearings. An immigration attorney can help you file one if you believe you are being held unlawfully.