04/28/2026
Small victories add up 🙏
Second Circuit issued a published decision today effectively striking down Matter of Hurtado. Judge Bianco, a Trump appointee, wrote the opinion.
"On appeal, the government argues Petitioner is subject to mandatory detention under Section 1225(b)(2)(A). We disagree. The plain text of both
Sections 1225(b)(2)(A) and 1226(a) make clear that only one applies to a noncitizen like Petitioner: Section 1226(a). Section 1225(b)(2)(A) does not apply to noncitizens, such as Petitioner, who are present in the United States after entering the country without inspection and admission, and who were not apprehended at or near the border at the time of entry.
This result is dictated by the plain text of these provisions, and further confirmed by the statute’s context, structure, history, and purpose. It likewise comports with the Supreme Court’s established understanding of Sections 1225 and 1226. It reflects Executive Branch practice over thirty years and across five Presidential administrations. Moreover, it explains why Congress has never
challenged that settled practice despite making numerous amendments to the immigration laws.
Finally, even if the government’s newfound interpretation of Section 1225(b)(2)(A) were plausible—and it is not—we would nonetheless reject it based on our obligation to construe these statutes in a manner that would avoid the serious constitutional questions attendant to what would be the broadest mass-detention-without-bond mandate in our Nation’s history for millions of
noncitizens.
Accordingly, we conclude that Petitioner’s detention is governed by Section 1226(a), not Section 1225(b)(2)(A), and we AFFIRM the district court’s grant of the writ of habeas corpus.
Judge Cabranes concurs in the judgment and opinion of the Court and files a separate opinion."
