Fifth Circuit Rules That Some Illegal Aliens Can Be Detained Without Bond Until Deportation

A Feb. 6 ruling from the Fifth Circuit Court of Appeals states that illegal aliens who never presented themselves at a port of entry can be held without a bond until they are deported. 

A three-judge panel voted 2-1 to reverse a lower court’s decision. 

Victor Buenrostro-Mendez had sued US Attorney General Pam Bondi, Department of Homeland Security Kristi Noem, U. S. Immigration and Customs Enforcement Acting Director Todd Lyons, Acting ICE Houston Field Office Director Matthew Baker, ICE John Linscott, ICE Director of Houston Contract Detention Facility, and Houston Warden Contract Detention Facility of CoreCivic Martin Frink. 

The case was consolidated with a separate lawsuit from Jose Padron Covarrubias against immigration officials. Both people entered the U.S. illegally. 

Circuit Court Judges Stuart Kyle Duncan and Edith H. Jones decided the case, while Judge Dana Douglas dissented. 

“Undeterred, the petitioners argue that ‘applicant for admission’ is a term of art, so it cannot be understood according to its ordinary meaning,” the majority wrote. “But the remaining provisions of § 1225 confirm that applicants for admission are indeed necessarily seeking admission.”

The ruling continued: “Each of them entered illegally many years ago. As such, the government contends, because neither petitioner showed himself to be “clearly and beyond a doubt entitled to be admitted,” he ‘shall be detained’ pending his removal proceeding.” 

The two judges slammed the lower courts for wrong inferences that would give the illegal immigrants either a bond hearing or a release. 

 “In particular, they seem to infer that when the Supreme Court specified that § 1226 applies to aliens inside the United States, it implied that § 1225 does not apply to such aliens. But this is the exact sort of language-parsing inquiry that the Supreme Court has cautioned lower courts against.”

The 43-page ruling concluded: 

“We REVERSE the district courts’ orders to provide petitioners with bond hearings or release them and REMAND for further proceedings consistent with this opinion.”

Kristi Noem welcomed the ruling.

 25-20496-CV0  by  scott.mcclallen 

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A Feb. 6 ruling from the Fifth Circuit Court of Appeals states that illegal aliens who never presented themselves at a port of entry can be held without a bond until they are deported. 

A three-judge panel voted 2-1 to reverse a lower court’s decision. 

Victor Buenrostro-Mendez had sued US Attorney General Pam Bondi, Department of Homeland Security Kristi Noem, U. S. Immigration and Customs Enforcement Acting Director Todd Lyons, Acting ICE Houston Field Office Director Matthew Baker, ICE John Linscott, ICE Director of Houston Contract Detention Facility, and Houston Warden Contract Detention Facility of CoreCivic Martin Frink. 

The case was consolidated with a separate lawsuit from Jose Padron Covarrubias against immigration officials. Both people entered the U.S. illegally. 

Circuit Court Judges Stuart Kyle Duncan and Edith H. Jones decided the case, while Judge Dana Douglas dissented. 

“Undeterred, the petitioners argue that ‘applicant for admission’ is a term of art, so it cannot be understood according to its ordinary meaning,” the majority wrote. “But the remaining provisions of § 1225 confirm that applicants for admission are indeed necessarily seeking admission.”

The ruling continued: “Each of them entered illegally many years ago. As such, the government contends, because neither petitioner showed himself to be “clearly and beyond a doubt entitled to be admitted,” he ‘shall be detained’ pending his removal proceeding.” 

The two judges slammed the lower courts for wrong inferences that would give the illegal immigrants either a bond hearing or a release. 

 “In particular, they seem to infer that when the Supreme Court specified that § 1226 applies to aliens inside the United States, it implied that § 1225 does not apply to such aliens. But this is the exact sort of language-parsing inquiry that the Supreme Court has cautioned lower courts against.”

The 43-page ruling concluded: 

“We REVERSE the district courts’ orders to provide petitioners with bond hearings or release them and REMAND for further proceedings consistent with this opinion.”

Kristi Noem welcomed the ruling.

 25-20496-CV0  by  scott.mcclallen 

Editor’s Note: Do you enjoy Townhall’s conservative reporting that takes on the radical left and woke media? Support our work so that we can continue to bring you the truth.

Join Townhall VIP and use promo code FIGHT to receive 60% off your membership.