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Third Circuit Rules Against Mandatory No-Bond Detention for Long-Resident Immigrants

May 12, 2026·Location: Philadelphia, PA

Third Circuit Rules Against Mandatory No-Bond Detention for Long-Resident Immigrants
Photo via Philadelphia Inquirer

The U.S. Court of Appeals for the Third Circuit affirmed rulings ordering the release of two long-time U.S. residents detained by ICE without bond, finding that mandatory detention under 8 U.S.C. § 1225(b)(2)(A) applies only to noncitizens actively "seeking admission," not those apprehended in the interior years after entering the country. The court also held that detaining such long-resident noncitizens without a bond hearing violates due process protections under the Fifth Amendment. Judge Mascott dissented, arguing the statute should be read more broadly to permit detention without bond. The ruling addresses the cases of two individuals previously ordered released by federal judges in Philadelphia after more than a decade in the United States.

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