Fifth Circuit Denies Bond Hearings to 3 Undocumented Immigrants as Supreme Court Weighs Related Case
Updated
Updated · Fox News · Oct 25
Fifth Circuit Denies Bond Hearings to 3 Undocumented Immigrants as Supreme Court Weighs Related Case
3 articles · Updated · Fox News · Oct 25
Summary
A full Fifth Circuit panel ruled Friday that three immigrants never formally admitted to the U.S. have no Fifth Amendment right to bond hearings while held under mandatory detention pending deportation.
The court said years or even decades of residence and community ties do not create that constitutional protection, rejecting due-process claims in Ignacio Sosnava Rodriguez v. Sylvester M. Ortega.
The decision lands just before the Supreme Court hears Rhoney v. Barbosa da Cunha, a related case over whether Section 1225 mandatory detention applies at all to longtime immigrants arrested inside the country.
That dispute reflects a 9-2 circuit split: the Fifth and Eighth Circuits treat such immigrants as applicants for admission under Section 1225, while nine other appeals courts say Section 1226 lets them seek bond.
A Supreme Court ruling for the Second Circuit could blunt Friday's decision by opening a bond path for similar detainees, while agreement with the Fifth Circuit could strengthen the Trump administration's detention stance.