Cases · No-bond detention for people who entered without inspection
Jessica Tolentino-Rodriguez v. Todd Blanche
Latest development
Fifth Circuit stayed S.D. Tex. release orders pending appeal
As of August 27, 2026, the release orders in Nos. 26-20424, 26-20427 and 26-20428 are stayed pending appeal and the appeals are stayed.
- Status as of
- August 27, 2026
- Source
- Latest order
- Docket reviewed through
- August 27, 2026
About the case
Judge Ellison (S.D. Tex. No. 4:26-cv-05611) held on July 23, 2026 that section 1225(b)(2) governs the petitioner's detention under Buenrostro-Mendez v. Bondi but that detaining her without any individualized determination violates substantive due process as applied, and ordered her release. The government appealed and moved for a stay pending appeal, a stay of further proceedings, consolidation with two companion appeals, an expedited ruling and initial hearing en banc. On August 27, 2026 the court granted every motion except the en banc request. District courts in the circuit cite the order, with the Sosnava Rodriguez v. Ortega stay, as the government's ground for withholding due-process relief; one S.D. Tex. order describes it as staying the three appeals pending the en banc decision in Sosnava Rodriguez.
Relief
The petitioner sought habeas release or an individualized bond hearing; the district court ordered release.
What's next
The next milestone is the en banc Fifth Circuit's decision in Sosnava Rodriguez v. Ortega, which the stayed appeals await.
New on the docket, not yet reviewed
Nothing new since the last review.
Reviewed events
Fifth Circuit granted a stay pending appeal and consolidated the appeals; initial hearing en banc denied
Jessica Tolentino-Rodriguez v. Todd Blanche · 5th Cir. · Source
Government moved for a stay pending appeal, consolidation and initial hearing en banc
Jessica Tolentino-Rodriguez v. Todd Blanche · 5th Cir. · Source
District court granted habeas and ordered release on substantive due process grounds
Jessica Tolentino-Rodriguez v. Todd Blanche · 5th Cir. · Source