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Fifth Circuit Determines that all Non-citizens who Enter US without Inspection are Subject to Mandatory Detention


March 3, 2026
by Sabrina Damast

The Fifth Circuit has determined that all non-citizens who enter the United States without inspection are subject to mandatory detention under 8 USC 1225.

The full text of Buenrostro- Mendez v. Bondi can be found here:

https://www.ca5.uscourts.gov/opinions/pub/25/25-20496-CV0.pdf

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