8th Circuit Rules DHS May Detain Aliens Without Bond Pending Removal Under §1225

To the point

An 8th Circuit panel ruled that DHS can detain Joaquin Herrera Avila without bond under § 1225 pending removal, saying any present alien who has not been admitted is an applicant for admission even if not actively seeking entry, and warning against letting long‑standing entrants avoid bond hearings while noting a dissent on due‑process concerns in a circuit split that could reach the Supreme Court.

Federal Appeals Court Holds That DHS Can Detain Illegal Alien Without Bond
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Federal Appeals Court Holds That DHS Can Detain Illegal Alien Without Bond

This has been litigated across the country. Its only a matter of time before this issue finds its way to the U.S. Supreme Court.