BIA Decision Leaves Hundreds of US Immigrants in Legal Limbo

Recent BIA Decision Impacts US Immigrants A recent decision by the Board of Immigration Appeals (BIA) has significant implications for immigrants in the United States who entered the country under parole 212(d)(5). The ruling clarifies that individuals detained under section 235(b)(1)(A) of the Immigration and Nationality Act are ineligible for release on bond, even if their parole status is later terminated. The decision stems from the case of Q.L.I., Respondent, decided May 15, 2025. The BIA's ruling states that the respondent's detention under section 235(b)(1)(A) supersedes any potential eligibility for release under section 236(a). This means that even those who may have been granted parole under 212(d)(5) and later had that parole terminated, will not be able to be released on bond while their case is pending. "This decision has important consequences for many immigrants," explains Alena Shautsova, an immigration lawyer in the US. "It means that those detained under this section will likely remain in detention until their case is resolved." The BIA's decision provides clarity on a previously ambiguous area of immigration law, but also raises concerns for those who may face prolonged detention. The impact on this population and how this decision will be implemented in practice remain to be seen.