The Seventh Circuit appears to have rejected the agency’s determination that any individual who entered without inspection is subject to mandatory detention under 8 USC 1225.
“The question is whether § 1225(b)(2)(A) covers any noncitizen who is unlawfully already in the United States as well as those who present themselves at its borders. For their part, Plaintiffs highlight a host of cases where courts have held that ICE’s authority to detain a noncitizen discovered within the country derives from § 1226(a) and not from § 1225(b). Based upon the text and structure of the two provisions, we believe that Plaintiffs have the better argument on the current record.”
The court did note that its decision was based on a preliminary record, leaving open the possibility that the government could better develop the record to support its argument.
The full text of Castanon-Nava v. Department of Homeland Security can be found here: https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2025/D12-11/C:25-3050:J:Lee:aut:T:op:N:3465102:S:0