Nepali man detained under mandatory detention statute loses habeas challenge seeking bond hearing
Sep 9, 2026
Country of origin: Nepal
The petitioner is a citizen of Nepal who entered the United States without authorization roughly four years before this order. In August 2025, U.S. Immigration and Customs Enforcement detained him under 8 U.S.C. § 1225(b)(2)(A) pending his removal proceedings. He filed a habeas corpus petition seeking immediate release or, alternatively, a bond hearing. The court held that binding Fifth Circuit precedent forecloses his statutory argument, as § 1225(b)(2)(A) mandates detention without bond for unadmitted individuals like him throughout removal proceedings. The court also rejected his due process claims, finding both that a precedential stay order forecloses such claims and that, independently, his detention does not violate procedural or substantive due process. The court further noted that any prior release on recognizance under a different statute does not exempt him from mandatory detention here. His Fourth Amendment argument was likewise rejected. The court denied the habeas petition and all pending motions as moot.
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