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Posted on 02/07/2026 2:23:02 PM PST by T Ruth
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.
***
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.
(Excerpt) Read more at townhall.com ...
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For months, activist judges have ordered the release of alien after alien based on the false claim that DHS was breaking the law.
Today, the first court of appeals to address the question ruled that @DHSGov was right all along. pic.twitter.com/oHKZxPuC6x— Secretary Kristi Noem (@Sec_Noem) February 7, 2026
By the time the turtle pace of the stupid court system allows a completion of the delays, JD Vance will be well into his first year in office.
This was an act of war by an unlawful combatant. He should be put before a military tribunal and shot.
Yep. Kinda like holding someone in custody
that has committed murder, etc. until ....
If a released illegal immigrant kills or rapes someone does the government or judge have some responsibility?
So where did Victor Buenrostro-Mendez and Jose Padron Covarrubias get the money to sue everybody trying to deport them?
No. No accountability nor responsibility at all. ONLY further praise “for their courage” from our Islamic Communist Chinese democrat party liners.
Judge Dana Douglas is the first black woman on the 5th Circuit Court. Appointed by Biden with Chuck Schumer’s help. She ruled that Gov. Abbot’s Rio Grande River barriers were illegal, no doubt because then she was all about the supremacy of the Federal law. She was later over-ruled by the Court in Banc.
She’s a clown.
Senior Counsel @Article3ProjectThis decision is massively important - one of the most important of the year. It means that if you are an illegal alien who never presented themselves at a port of entry, and ICE finds you, you can and must be detained without bail.
The knock on effects from this will be enormous. Prior to this - if you were caught as an illegal alien and put in removal proceedings, you were entitled to bail while your lawyers string things along. You could stay out of jail for months - even years - and keep doing what you were doing in our country. No more.
Now - if you crossed illegally and ICE finds you, you’re done. You’re not walking American streets freely again unless you prevail in your removal proceeding (which is supremely unlikely). You won’t be able to go to your apartment and grab your things. You are simply done. You can either accept deportation or sit in immigration detention while your lawyer wastes their time on futile filings, and then get deported when you lose. This will lead to a lot more illegal aliens simply giving up on their frivolous court fights and accepting deportation, which will help relieve the court backlogs. This will also lead to many more illegal aliens self-deporting. Would you rather pack up your things, settle your affairs, and get a free flight and $2500? Or would you rather try and hide from ICE, knowing that the moment they find you, you will never breathe free air in America again?
It’s a much easier choice.
Congratulations to Pam Bondi, Todd Blanche, and everyone at DOJ responsible for this victory. It’s a milestone win.
— Will Chamberlain (@willchamberlain) February 7, 2026
That would speed up the self deportations
More importantly, the illegal alien loses all their belongings which are left in the USA after they're deported.
With this ruling, we'll see (not hear about) illegal aliens self-deporting. As you note, if they leave of their own volition, they can take everything with them.
If they choose to stay and try to hide, it's:
What? A federal appeals court made a good pro-American decsion?! Oh wait it’s not the Ninth Circus.
Freedom of Speech, religion, right to carry are RIGHTS.
To be in the US is a PRIVILEGE. I favor extending that PRIVILEGE to more illegals than some.
But it is not a RIGHT. When a non-citizen is deported, the PRIVILEGE is removed. The RIGHTS are untouched.
The longer a non-citizen is in a detention center, the more the possibility that RIGHTS are violated.
BTW. It is cheaper to have many small deportations rather then holding them in a detention center for long periods of time before the deportation.
Can this ONLY be appealed to the supremes?
Immigration
What could go wrong.
The invisible coup ?.
The petitioners can ask for reargument en banc, that is, before all of the Circuit Court judges, or they can appeal to the Supreme Court.
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