Beyond Buenrostro-Mendez: The Fifth Circuit Completes New Framework for Mandatory Immigration Detention
The Fifth Circuit’s recent decisions in Buenrostro-Mendez v. Bondi and Sosnava-Rodriguez v. Ortega fundamentally reshape immigration detention law within Texas, Louisiana, and Mississippi. This article analyzes how the two decisions fit together, explains the constitutional significance of the Fifth Circuit’s newly imposed 90-day limit on mandatory detention without individualized review, and explores what these rulings mean for litigants, immigration judges, and the Department of Justice going forward.