Cases · No-bond detention for people who entered without inspection
Oscar Enrique Lopez Garcia v. Robert Guadian / Juan Jose Rivera v. Robert Guadian
Latest development
Fourth Circuit rejected mandatory-detention theory
As of September 10, 2026, the Fourth Circuit has affirmed habeas relief in consolidated appeals and held that the petitioners are governed by section 1226(a), preserving access to individualized bond hearings within the circuit for this category of interior arrestees.
- Status as of
- September 10, 2026
- Source
- Latest order (PDF)
- Docket reviewed through
- September 10, 2026
About the case
Lopez Garcia and Rivera are nationally important because the Fourth Circuit joined the growing appellate majority rejecting 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 published opinion held that section 1226(a) governs noncitizens like the petitioners, affirmed habeas relief, and expressly described a split in which the Fifth and Eighth Circuits have adopted the government's contrary view.
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 next major milestones are any rehearing or Supreme Court filing and whether the widened circuit split produces Supreme Court review.
New on the docket, not yet reviewed
Nothing new since the last review.
Reviewed events
Fourth Circuit rejected no-bond mandatory detention for long-time interior arrestees
Oscar Enrique Lopez Garcia v. Robert Guadian / Juan Jose Rivera v. Robert Guadian · 4th Cir. · Source