Fifth Circuit Denies Immigrant Bond Hearings

Podcast: Swear on the Stand · Daniel W. Swear

Opublikowano: 2026-10-23

This case concerns the en banc review of consolidated habeas corpus petitions filed by three unadmitted aliens who were detained by immigration authorities under 8 U.S.C. § 1225(b)(2)(A) pending their removal proceedings. The Petitioners argued that their prolonged detention without individualized bond hearings violated their Fifth Amendment right to due process, a position that the district courts and a panel of the Fifth Circuit had previously accepted. Upon rehearing en banc, the court concluded that Congress possesses plenary authority over immigration and that unadmitted aliens lack a constitutional or statutory right to a bond hearing under the applicable r...