Quick Guide to Release from Immigration Detention for SIJS Youth

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 constitu

National Immigration Project Practice advisory Jan 13, 2026 Direct PDF available

Why it matters

Useful as a practitioner-oriented overview from National Immigration Project on Removal Defense; review the source material for the most current authority and procedure.

Topics

Removal defense Detention / bond Federal court Special immigrant

Workflows

Immigration court deadline Bond, detention, and habeas BIA, PFR, and federal court Children and SIJS

Forums

Immigration court Federal district court Court of appeals

Jurisdictions

5th Circuit