The Fifth Circuit has affirmed habeas relief for three long-term undocumented residents of Texas, each detained without a bond hearing after the government reinterpreted 8 U.S.C. § 1225(b)(2)(A) to mandate detention for unadmitted noncitizens found anywhere in the country's interior, not just at the border. None of the three men had a criminal history or removal order, and each has U.S. citizen children.
The Court held that even under this new statutory interpretation, the Due Process Clause requires the government to provide a bond hearing within ninety days of detention, since Congress made no individualized or categorical findings that noncitizens like the petitioners pose a danger or flight risk sufficient to justify mandatory, bondless detention.
The full text of Sosnava Rodriguez v. Ortega can be found here: https://www.ca5.uscourts.gov/opinions/pub/26/26-50219-CV0.pdf
Eight days later, the Fifth Circuit granted en banc rehearing in the matter, vacating the three-judge panel’s decision: https://www.ca5.uscourts.gov/opinions/pub/26/26-50219-CV1.pdf