8th Circuit: Noncitizens Without Admission Face Mandatory Detention

A federal appeals court panel ruled Wednesday that the U.S. government can mandatorily detain noncitizens who entered the country without lawful admission, even if they are arrested far from the border, rejecting arguments for bond hearings in such cases. The 2-1 decision by the 8th U.S. Circuit Court of Appeals in the case of Joaquin Herrera Avila v. Bondi reverses a lower court order and bolsters the Department of Homeland Security's authority during removal proceedings.

Herrera Avila, a Mexican citizen, first entered the United States without authorization in 2006 and returned illegally in 2016. In August 2025, immigration authorities arrested him during a traffic stop in Minneapolis, Minnesota, and initiated removal proceedings. The Department of Homeland Security detained him without bond under Section 1225(b)(2)(A) of the Immigration and Nationality Act, which requires detention for certain applicants for admission. An immigration judge denied his request for a bond hearing, prompting Herrera Avila to file a habeas corpus petition in district court.

The district court granted relief, ruling that the mandatory detention provision applied only to those actively seeking entry...