On October 23, 2026, the Fifth Circuit ruled in Sosnava Rodriguez v. Ortega, No. 26-50183, holding that procedural due process rights can only be vindicated by noncitizens who have been admitted to the United States, not by noncitizens who have entered without inspection. Accordingly, no unadmitted noncitizen has a statutory or constitutional right to a bond hearing in Louisiana, Mississippi, or Texas. The National Immigration Project will be updating this practice advisory in the near future to account for this development.
This practice advisory, updated on October 19, 2026, is intended for legal practitioners representing young people with Special Immigrant Juvenile Status (SIJS) who are 18 years of age or older and being held in Immigration and Customs Enforcement (ICE) detention. It discusses the current administration’s mandatory detention policies, general strategy considerations for litigating habeas petitions for SIJS youth, and potential habeas arguments for securing SIJS clients’ release from immigration detention. It also provides links to additional resources on litigating habeas petitions and defending SIJS youth in removal proceedings.