Cases · No-bond detention for people who entered without inspection
Joaquin Herrera Avila v. Bondi
Latest development
Eighth Circuit joined Fifth Circuit on mandatory detention
As of March 25, 2026, the Eighth Circuit has joined the Fifth Circuit in a published 2-1 decision holding that section 1225(b)(2) can require detention without bond for this category of interior arrestees.
- Status as of
- March 25, 2026
- Source
- Latest order (PDF)
- Docket reviewed through
- March 25, 2026
About the case
Herrera Avila is now one of the most important pending detention cases because it confirms that the administration is building appellate support for a nationwide mandatory-detention rule under INA section 1225(b)(2). The March 25, 2026 decision deepens the practical conflict with district-court rulings across the country and increases the pressure on the still-pending Ninth Circuit appeal to either resist or reinforce that reading.
Relief
The petitioner sought habeas relief requiring treatment under section 1226(a) so that an immigration judge could consider release on bond.
What's next
The next major milestone is whether additional circuits, especially the Ninth Circuit, split from or align with Avila and Buenrostro-Mendez.
New on the docket, not yet reviewed
Nothing new since the last review.
Reviewed events
Eighth Circuit joined Fifth Circuit on section 1225(b)(2) detention
Joaquin Herrera Avila v. Bondi · 8th Cir. · Source
In the news
- Politico coverage of the March 25, 2026 Avila rulingPolitico · Mar 25, 2026