On May 6, 2026, the U.S. Court of Appeals for the Eleventh Circuit handed down one of the most important immigration decisions of the year. In Hernandez Alvarez v. Warden, Federal Detention Center Miami, the court ruled that immigrants who entered the United States without inspection and are now living here and who were detained by ICE somewhere within the United States are entitled to ask an immigration judge for a bond hearing while their cases are pending.
That ruling reverses what the federal government had been doing for the past year and brings the 11th Circuit (Florida, Georgia, and Alabama) in line with the long-standing practice that held for nearly 30 years.
If you have a loved one in ICE custody in Florida, Georgia, or Alabama, this decision may give you a path to bring them home while their case is pending.
Here is who could be eligible for a Bond Hearing:
- You are being detained by ICE within the 11th Circuit (Florida, Georgia, or Alabama)
- You entered the United States without inspection (without a visa or parole) and have been living in the United States.
- You are in removal proceedings or awaiting an initial hearing, even if your case is pending appeal
- You are not subject to mandatory detention under 8 U.S.C. § 1226(c) — which still applies to immigrants with certain serious criminal convictions or charges, including those covered by the Laken Riley Act.
Important: This ruling does not guarantee release. It restores the right to a bond hearing. An immigration judge will still decide whether the person is a flight risk or a danger to the community before setting any bond.
What Happens at an Immigration Bond Hearing
A bond hearing is a short proceeding before an immigration judge, usually 15 to 30 minutes. The judge weighs two questions:
- Is this person a danger to the community?
- Is this person likely to appear at future court hearings?
Strong evidence makes a difference: steady work history, deep family ties in the United States, a clean record, community and religious leader letters of support, proof of a stable address, and the offer of a U.S. citizen or lawful permanent resident sponsor. A well-prepared bond packet often makes the difference between release and continued detention. If bond is granted, the family pays, usually through an immigration bond company, and the detainee is generally released within 24 to 48 hours.
We Fight to Bring Families Home
Our firm represents detained immigrants and we are already using the Hernandez Alvarez ruling to push for bond hearings and releases. If your family member is in ICE custody, do not wait — every day in detention is a day away from their family and from the work of building their case.
Call us today for a confidential consultation, or send us a message through the website. We will explain your options, walk you through the bond process, and fight to bring your loved one home.
