Many are challenging their detention using habeas corpus filings only to be arrested again, in violation of court orders

Immigrants who have been granted release from detention after winning habeas corpus petitions in court are being re-arrested by US Immigration and Customs Enforcement (ICE).

The Guardian has identified at least 20 cases nationwide relating to people who were detained after being released on habeas corpus petition in the last year, according to court records, attorneys and media reports.

Oct 23 Friday, Washington DC — In response to today’s U.S. Court of Appeals for the Fifth Circuit ruling in Sosnava Rodriguez v. Ortega, a case concerning noncitizens’ constitutional right to challenge their detention when they are held without access to a bond hearing, the American Immigration Council and the National Immigration Project issued the […]

The post In Major Setback for Due Process, Fifth Circuit Ruling Denies Immigrants the Opportunity to Challenge Their Detention  appeared first on American Immigration Council.

Case will determine whether longtime U.S. residents can be detained without a meaningful opportunity to ask a judge for release  NEW ORLEANS, Louisiana, Sept. 24 2026 — On Thursday, September 24, the full U.S. Court of Appeals for the Fifth Circuit heard arguments in a major case over whether the Constitution permits the federal government […]

The post Fifth Circuit Hears Major Case Over Right to Challenge Immigration Detention appeared first on American Immigration Council.

April 29, 2026 (New Orleans, LA) — On April 29, the U.S. Court of Appeals for the Fifth Circuit heard oral arguments in a set of cases that could determine whether people can be held in immigration detention without ever getting any chance to challenge why they are being locked up while their case moves […]

The post Federal Court Hears Case That Could Allow Unchecked Immigration Detention appeared first on American Immigration Council.