5TH CIR.Court order
En banc Fifth Circuit rules detained unadmitted immigrants have no right to bond hearings
The full U.S. Court of Appeals for the Fifth Circuit ruled 10-7 on October 23, 2026 that immigrants who entered the country without being admitted have no constitutional right to a bond hearing while detained during deportation proceedings, even if they are long-term residents. The decision in Sosnava Rodriguez v. Vergara reverses habeas rulings that freed three Texas men and backs the administration's no-bond detention policy in Texas, Louisiana and Mississippi.
Order (U.S. Court of Appeals for the Fifth Circuit) → · The Texas Tribune
Key points
- Judge Cory Wilson wrote that unadmitted immigrants are entitled only to the rights Congress has provided in immigration law.U.S. Court of Appeals for the Fifth CircuitThe Texas Tribune
- Judge Andrew Oldham concurred; Judge Leslie Southwick dissented, warning of an "impenetrable wall" between the Constitution and long-term residents.U.S. Court of Appeals for the Fifth CircuitThe Texas Tribune
- The three petitioners, each in the U.S. at least 14 years, were arrested by Texas troopers during traffic stops.The Texas Tribune
- District judges had released them after finding detention without a bond hearing violated due process.U.S. Court of Appeals for the Fifth CircuitThe Texas Tribune
- The administration adopted its policy of holding such immigrants without bond until deportation in July 2025.The Texas Tribune
- The court held aliens detained under 8 U.S.C. 1225(b)(2)(A) as applicants for admission have no constitutional right to bond hearings on dangerousness or flight risk.U.S. Court of Appeals for the Fifth Circuit
Sources2 articles across 2 outlets
The Texas Tribune
U.S. Court of Appeals for the Fifth Circuit