Editorial

The Great Writ, on the modern docket.

A nationwide chronicle of habeas corpus litigation in U.S. immigration cases — from prolonged mandatory detention to the Alien Enemies Act, from Zadvydas releases to the third-country removal docket, and from the Fifth Circuit to the Supreme Court's shadow rulings.

Pre-Removal Detention

The § 1225(b)(2)(A) Split Reaches the Supreme Court: Nine Circuits, Two Holdouts, and a Grant of Certiorari

Supreme Court of the United StatesCertiorari granted October 1, 2026

Eleven courts of appeals have now decided whether noncitizens who entered without inspection and live in the interior can be held without bond under § 1225(b)(2)(A). Nine said no; the Fifth and Eighth Circuits said yes. On October 1, 2026 the Supreme Court granted certiorari in Rhoney v. Barbosa da Cunha.

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