Fidencio Alvarez v. Warden, Federal Detention Center Miami, et al
Split Score
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Case Summary
Disposition
Affirmed
The Eleventh Circuit decided whether the government may detain without bond non-admitted aliens who are apprehended inside the United States. Breaking with four other circuits, the court held that § 1225(b)(2)(A) mandates no-bond detention only for aliens actually seeking admission at the border, and that interior aliens are instead detained under § 1226, which permits bond hearings. It therefore affirmed the district court’s habeas orders granting the two petitioners bond eligibility.
Circuit Split Identified
Legal Issue
Does 8 U.S.C. § 1225(b)(2)(A) require mandatory, no-bond detention of non-admitted aliens found inside the United States, or does 8 U.S.C. § 1226 govern their detention and allow the possibility of bond?
Circuit Positions
§ 1225(b)(2)(A) applies to all unadmitted aliens (including those found in the interior); detention is mandatory and bond is unavailable.
§ 1225(b)(2)(A) applies only to arriving aliens who are actively seeking admission at the border; interior unadmitted aliens fall under § 1226 and may seek bond.
Conflict Summary
The 2d, 5th, 7th and 8th Circuits read § 1225(b)(2)(A) to reach all non-admitted aliens, including those discovered in the interior, and therefore to mandate detention without bond. The 11th Circuit holds that § 1225(b)(2)(A) applies only to aliens actively ‘seeking admission’ at or near the border; interior aliens are governed by § 1226 and may seek bond.