Cases · No-bond detention for people who entered without inspection

Jessica Tolentino-Rodriguez v. Todd Blanche

Fifth Circuit · No. 26-20424 / 26-20427 / 26-20428 · Filed Aug 3, 2026

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
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

  1. 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

  2. Government moved for a stay pending appeal, consolidation and initial hearing en banc

    Jessica Tolentino-Rodriguez v. Todd Blanche · 5th Cir. · Source

  3. District court granted habeas and ordered release on substantive due process grounds

    Jessica Tolentino-Rodriguez v. Todd Blanche · 5th Cir. · Source