ICE Detention in 2026: Bond Eligibility After Q. Li and Yajure-Hurtado, Mandatory Detention, and Federal Habeas Strategy

John W. Lawit
John W. Lawit
John W. Lawit, LLC

John W. Lawit is the founder and principal attorney of John W. Lawit, LLC, an immigration law firm with offices in Irving, Texas, and Albuquerque, New Mexico. He began practicing immigration law in 1980 and was appointed a U.S. Immigration Judge in 1985. His practice spans family-based and employment-based immigration, EB-5 investor visas, non-immigrant visas, DACA, adjustment of status, green cards, citizenship and naturalization, humanitarian relief, deportation and removal defense, waivers of inadmissibility, and appeals.

Sastry Sarva
Sastry Sarva
Singh Ahluwalia Attorneys at Law

Sastry Sarva serves as Of Counsel at Singh Ahluwalia Attorneys at Law, practicing from the firm's offices in Fresno, California, and San Antonio, Texas. His practice concentrates on removal defense and immigration matters, along with civil and commercial litigation, alternate dispute resolution, and cross-border litigation.

Live Video-Broadcast: September 28, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

 

The Client Who Qualified for Bond Last Year May Not Even Get a Hearing Today

In 2025, the BIA rewrote detention practice. Matter of Q. Li held arriving aliens arrested between ports of entry ineligible for bond. Matter of Yajure-Hurtado stripped bond jurisdiction over entrants without inspection. July 2025 DHS guidance treats longtime residents as recent arrivals under INA § 235(b). The Laken Riley Act adds charge-based mandatory detention triggers.

The consequences compound quickly. Classify an arrest under § 235(b), and there is no bond hearing at all. Add a Laken Riley charge, and detention becomes mandatory. Lose the custody redetermination, and habeas under 28 U.S.C. § 2241 becomes the only path. Wait too long, and a transfer strands the case in an unfavorable circuit — while the Supreme Court weighs the constitutional right to a bond hearing.

Attendees leave with a bond-eligibility screening framework, a plan for building the redetermination record in days, and a § 2241 filing strategy covering venue, respondent, exhaustion, and remedies. They also gain release alternatives — humanitarian parole, discretionary release, renewed custody motions — grounded in practitioner judgment no automated tool can substitute.

Key topics to be discussed:

  • Who Still Gets Bond
    How Matter of Q. Li, Matter of Yajure-Hurtado, and the July 2025 DHS guidance reclassify arrests under INA § 235(b) and reshape which clients still qualify for a § 236(a) bond hearing.
  • Mandatory Detention Screening
    How to spot Laken Riley Act charge-based triggers and § 236(c) ineligibility, locate the detained client, and confirm the custody authority within days of arrest.
  • Winning Custody Redetermination
    How to carry the burden on danger and flight risk, use sponsor evidence under Matter of Dobrotvorskii, and build the equities and documentation record fast — through bond amounts, payment mechanics, forfeiture risks, and post-release compliance.
  • Habeas As Core Practice
    How 28 U.S.C. § 2241 became the primary remedy after bond denial — and how to establish jurisdiction over custody, the custodian, and the proper respondent.
  • The Circuit Split
    How the split on court-ordered bond hearings, the Supreme Court's cert grant on the constitutional right to a bond hearing, and prolonged-detention due process claims change the relief you request.
  • Filing And Release Strategy
    How to pick venue before a transfer strands the case, draft the petition around exhaustion and the record, weigh what federal judges are ordering — bond hearings versus outright release — and pair habeas with humanitarian parole, discretionary release requests, renewed custody motions, and the underlying removal case.

This course is co-sponsored with myLawCLE.

Date / Time: September 28, 2026

  • 12:00 pm – 2:10 pm Eastern
  • 11:00 am – 1:10 pm Central
  • 10:00 am – 12:10 pm Mountain
  • 9:00 am – 11:10 am Pacific

Closed-captioning available

Speakers

John W. Lawit, Founder and Principal Attorney | John W. Lawit, LLC

John W. Lawit is the founder and principal attorney of John W. Lawit, LLC, an immigration law firm with offices in Irving, Texas, and Albuquerque, New Mexico. He began practicing immigration law in 1980 and was appointed a U.S. Immigration Judge in 1985. His practice spans family-based and employment-based immigration, EB-5 investor visas, non-immigrant visas, DACA, adjustment of status, green cards, citizenship and naturalization, humanitarian relief, deportation and removal defense, waivers of inadmissibility, and appeals.

  • Education & Credentials

Mr. Lawit earned his Juris Doctor from the University of New Hampshire – Franklin Law Center in Concord, New Hampshire, and his Bachelor of Arts from the University of New Mexico in Albuquerque, where he was named to the Dean’s List. He was admitted to the bar in Pennsylvania in 1978, New Mexico in 1980, Texas in 1992, and Canada in 2010.

  • Recognition & Leadership

Mr. Lawit has been listed in Best Lawyers in America since 1991 and holds an AV Preeminent rating from Martindale-Hubbell (2022). His honors include Southwest Super Lawyers (2008, 2009, 2011–2014), Top 10 Immigration Lawyers in Albuquerque (2023), and Best Business in Irving, Texas (2024). He formerly chaired the Immigration Law Section of the State Bar of New Mexico and was instrumental in establishing the Immigration Section of the Dallas Bar Association.

  • Professional Involvement

He is a member of the American Immigration Lawyers Association, the Canadian Bar Association, and the American-Arab Anti-Discrimination Committee, and serves on the board of the ACLU of New Mexico. His pro bono work includes service with the Human Rights Initiative of North Texas, Healing the Children, the Institute for Spanish Arts, Catholic Social Services, and Jewish Family Services.

  • Experience

In addition to more than four decades in practice, Mr. Lawit taught immigration law beginning in 1983 and served as an adjunct professor at both the University of New Mexico School of Law and the Texas Tech University School of Law until 1988. He published multiple articles on immigration law and reform between 1984 and 1995.

 

Sastry Sarva, Of Counsel | Singh Ahluwalia Attorneys at Law

Sastry Sarva serves as Of Counsel at Singh Ahluwalia Attorneys at Law, practicing from the firm’s offices in Fresno, California, and San Antonio, Texas. His practice concentrates on removal defense and immigration matters, along with civil and commercial litigation, alternate dispute resolution, and cross-border litigation.

  • Education & Credentials

Mr. Sarva is licensed to practice law in both India and California, reflecting his cross-jurisdictional legal qualifications. He earned his law degree from the National Law University, Jodhpur, and later obtained a Master of Laws (LL.M.) from the University of California, Berkeley, further strengthening his legal education with both Indian and U.S. academic credentials.

  • Recognition & Leadership

Mr. Sarva currently serves as Of Counsel at Singh Ahluwalia. Prior to joining the firm, he held a leadership role at the Law Offices of Robert B. Jobe, where he oversaw the firm’s removal defense department, managing its immigration defense practice and representing clients in removal proceedings.

  • Professional Involvement

Mr. Sarva’s professional practice is centered on immigration law, with a particular emphasis on representing individuals in removal proceedings. His work also encompasses civil and commercial litigation, alternative dispute resolution, and cross-border litigation, reflecting his involvement in both domestic and international legal matters.

  • Experience

Throughout his legal career, Mr. Sarva has developed experience across multiple practice areas, including immigration law, civil litigation, commercial litigation, alternative dispute resolution, and cross-border disputes. Before joining Singh Ahluwalia, he directed the removal defense department at the Law Offices of Robert B. Jobe, where he supervised immigration defense matters. In his current role as Of Counsel, he continues to represent clients in removal proceedings while applying his broad litigation experience to complex legal matters.

Agenda

SESSION 1 – Bond Eligibility and Custody Redetermination After the 2025 Mandatory-Detention Shift | 12:00pm – 1:00pm

This session examines who still qualifies for an immigration bond hearing after the BIA’s 2025 rulings, the reclassification of interior arrests under INA § 235(b), and how to build a winning custody redetermination record fast.

BREAK | 1:00pm – 1:10pm

SESSION 2 – When Bond Is Denied: Habeas Corpus, the Circuit Split, and Release Alternatives | 1:10pm– 2:10pm

This session covers federal habeas corpus under 28 U.S.C. § 2241 as the primary remedy for detained clients denied bond, including the developing circuit split, the Supreme Court’s pending review, and practical filing strategy.

Credits

Alaska

Approved for CLE Credits
2 General

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Alabama

Pending CLE Approval
2 General

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Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

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2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

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2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

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2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

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2 General

Nevada

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2 General

New York

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2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

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2 General

South Dakota

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2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

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2 General

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2 General

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2 General Hours

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2 General

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2 Law & Legal Hours

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2 General

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