Cases · No-bond detention for people who entered without inspection
Fidencio Hernandez Alvarez v. Warden, Federal Detention Center Miami / Ismael Cerro Perez v. Assistant Field Office Director
Latest development
Eleventh Circuit rejected mandatory-detention theory
The May 6, 2026 panel decision affirmed habeas relief under section 1226(a). The government's June 22, 2026 petition for rehearing en banc is pending; on October 13, 2026 the court held it in abeyance pending the Supreme Court's decision in Rhoney v. Barbosa da Cunha, No. 26-104.
- Status as of
- October 13, 2026
- Source
- Latest order (PDF)
- Docket reviewed through
- October 13, 2026
About the case
Hernandez Alvarez and Cerro Perez are nationally important because the Eleventh Circuit deepened the appellate conflict over the administration's attempt to treat long-time interior arrestees who entered without inspection as mandatory-detention applicants for admission under INA section 1225(b)(2)(A). The panel held that section 1226(a), not section 1225(b)(2)(A), governs this category of detainees and affirmed habeas relief, adding another major circuit ruling to the split already reflected by the Fifth, Eighth, Second, and Seventh Circuit cases.
Relief
The petitioners sought habeas relief requiring treatment under section 1226(a) so that an immigration judge could consider release on bond rather than mandatory detention.
What's next
The Supreme Court's decision in Rhoney v. Barbosa da Cunha, No. 26-104, after which the Eleventh Circuit will act on the held en banc petition.
New on the docket, not yet reviewed
Nothing new since the last review.
Reviewed events
Eleventh Circuit placed the en banc rehearing petition in abeyance pending Supreme Court review
Fidencio Hernandez Alvarez v. Warden, Federal Detention Center Miami / Ismael Cerro Perez v. Assistant Field Office Director · 11th Cir. · Source
Government petitioned the Eleventh Circuit for rehearing en banc
Fidencio Hernandez Alvarez v. Warden, Federal Detention Center Miami / Ismael Cerro Perez v. Assistant Field Office Director · 11th Cir. · Source
Eleventh Circuit rejected no-bond mandatory detention for long-time interior arrestees
Fidencio Hernandez Alvarez v. Warden, Federal Detention Center Miami / Ismael Cerro Perez v. Assistant Field Office Director · 11th Cir. · Source
In the news
- Axios coverage of the Eleventh Circuit detention rulingAxios · May 6, 2026
- Bloomberg Law coverage of the Eleventh Circuit rulingBloomberg Law · May 6, 2026
- American Immigration Council and AILA mandatory-detention amicus pageAmerican Immigration Council · Jan 29, 2026