IMPORTANT: On February 6, 2026, the Fifth Circuit ruled in Buenrostro-Mendez v. Bondi, No. 25-20496, that noncitizens in removal proceedings who have not been admitted are subject to "mandatory" detention under 8 U.S.C. 1225(b)(2)(A). This resource has not been updated since the Buenrostro decision. If you are filing a habeas petition in a district within the Fifth Circuit, you will need to adapt your legal claims in light of the Buenrostro-Mendez v. Bondi decision, e.g. by focusing on constitutional rather than statutory claims.
This resource, intended for attorneys representing SIJS beneficiaries who are 18 years of age or older, is meant as a “quick guide” to help identify potential habeas arguments and strategies for securing SIJS clients’ release from immigration detention. It does not comprehensively describe such arguments and strategies but is rather intended as a starting point, providing links to other resources where available.
The resource contains the following components:
● Part I: Immigration Detention Statutes and Current Agency Mandatory Detention Policies
● Part II: Potential Habeas Claims for SIJS Beneficiaries
● Part III: List of General Habeas Resources
● Part IV: List of Further Resources on Defending SIJS Youth
● Appendix: List of Recent Class Actions Challenging “Mandatory” Detention