Supreme Court·Immigration

Full 5th Circuit rules illegal immigrants never admitted to the U.S. have no constitutional right to bond hearings, ahead of a Supreme Court fight

Published 5:00 PM CT, Sunday, October 25, 2026 · Updated 5:11 PM CT
In the 5 PM CT update

The full Fifth Circuit ruled Friday in Rodriguez v. Ortega that three immigrant men held under the mandatory-detention law are not entitled to bond hearings under the Fifth Amendment's Due Process Clause, writing, "The Constitution does not entitle them to a bond hearing," Fox News reported. The Supreme Court has agreed to hear Rhoney v. Barbosa da Cunha, on whether that law applies to longtime immigrants arrested inside the country, amid a 9-2 split among the appeals courts; arguments have not been scheduled.

• Supreme Court
• Fifth Circuit
• Rhoney v. Barbosa da Cunha
• Immigration detention
• Bond hearings
• Due Process
• Illegal immigration
• Section 1225
• United States