"The petitioners counter that, despite falling squarely
within § 1225, they are nonetheless eligible for discretionary release on bond
during removal proceedings. Section 1226(a)(2), they contend, applies to
them precisely because they did not “seek [lawful] admission” according to
§ 1225. 8 U.S.C. § 1226(a)(2). These provisions were framed by the IIRIRA
immigration reform legislation in 1996, Pub. L. 104-208, 110 Stat. 3009
(1996), but their interrelation had not been adjudicated until the past few
months, when the current Presidential Administration began detaining illegal
alien residents, like the petitioners here, for removal proceedings without
Case: 25-20496 Document: 213-1 Page: 3 Date Filed: 02/06/2026
bond, rather than bonding and releasing them. After reviewing carefully the
relevant provisions and structure of the Immigration and Naturalization Act,
the statutory history, and Congressional intent, we conclude that the
government’s position is correct. We REVERSE the district courts’ orders
to provide petitioners with bond hearings or release them and REMAND for
further proceedings consistent with this opinion.
It's 43 pages from the 5th Circuit Court of Appeals.
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