Detained immigrants win right to bond hearings as appeals court rejects Trump policy
Sep 19, 2026·Location: Boston, MA

The First Circuit Court of Appeals upheld a ruling that the Trump administration unlawfully denied bond hearings to thousands of people arrested by ICE in New England. In 2025, the government abandoned its 29-year interpretation of a 1996 law, declaring that millions of noncitizens would have no opportunity to seek release on bond if detained. The case, Guerrero Orellana v. Moniz, was filed on behalf of Jose Arnulfo Guerrero Orellana, who was released on bond after a court-ordered hearing, and a certified class of people held in New England detention facilities. The First Circuit is the seventh appellate court to reject the administration's interpretation, though court filings show immigration judges have been instructed to ignore such declaratory judgments and have continued to systematically deny bond hearings.
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