Cases · No-bond detention for people who entered without inspection

Lazaro Maldonado Bautista v. Ernesto Santacruz Jr.

Central District of California · No. 5:25-cv-01873 / 25-7958 / 26-1044 · Class action

Latest development

Ninth Circuit stayed the nationwide bond-hearing class judgment outside the Central District of California

As of October 31, 2026, the most recent order found is the Ninth Circuit's March 31, 2026 stay pending appeal. Under the March 20 consolidation order, briefing in Nos. 25-7958 and 26-1044 was set to close June 3, 2026; later Ninth Circuit action, including any argument, decision or hold for Rhoney v. Barbosa da Cunha, No. 26-104, was not verified.

Status as of
October 31, 2026
Docket reviewed through
March 31, 2026

About the case

Lazaro Maldonado Bautista and other detainees filed a habeas petition and class complaint challenging DHS's July 8, 2025 interim guidance treating people who entered without inspection as subject to mandatory detention under 8 U.S.C. § 1225(b)(2). On December 18, 2025 the Central District of California certified a nationwide Bond Eligible Class, declared that class members are detained under § 1226(a) and are entitled to consideration for release on bond and, if not released, a custody redetermination hearing, and vacated the interim guidance under the APA; it entered final judgment on those claims under Rule 54(b). The government appealed the same day. On February 18, 2026 the court granted a motion to enforce the judgment and vacated Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025). On March 31, 2026 the Ninth Circuit stayed the class certification order and final judgment "insofar as they extend beyond the Central District of California" and stayed the February 18 order, finding the government likely to succeed in arguing that the claims sound in habeas and must be brought in the district of confinement. The judgment remains in place in the Central District of California. The government did not seek a stay on the merits of its § 1225(b)(2)(A) reading.

Relief

The final judgment declares Bond Eligible Class members detained under § 1226(a) and entitled to bond consideration, and vacates the July 8, 2025 interim guidance. Pending appeal, the judgment and class certification are stayed outside the Central District of California, and the order vacating Matter of Yajure Hurtado is stayed entirely.

What's next

A Ninth Circuit decision in the consolidated appeals, Nos. 25-7958 and 26-1044; no date was found.

New on the docket, not yet reviewed

Nothing new since the last review.

Reviewed events

  1. Ninth Circuit stayed the nationwide class judgment outside the Central District pending appeal

    Lazaro Maldonado Bautista v. Ernesto Santacruz Jr. · C.D. Cal. · Source

  2. Ninth Circuit entered an administrative stay outside the Central District

    Lazaro Maldonado Bautista v. Ernesto Santacruz Jr. · C.D. Cal. · Source

  3. Court denied the government's application for a stay

    Lazaro Maldonado Bautista v. Ernesto Santacruz Jr. · C.D. Cal. · Source

  4. Court enforced the judgment and vacated Matter of Yajure Hurtado

    Lazaro Maldonado Bautista v. Ernesto Santacruz Jr. · C.D. Cal. · Source

  5. Court entered final judgment for the nationwide class

    Lazaro Maldonado Bautista v. Ernesto Santacruz Jr. · C.D. Cal. · Source

  6. Court certified a nationwide Bond Eligible Class

    Lazaro Maldonado Bautista v. Ernesto Santacruz Jr. · C.D. Cal. · Source