7th Circuit and 9th Circuit Reject Mandatory Detention Policy

[7th Circuit Opinion](https://s3.documentcloud.org/documents/28524817/ca7.pdf)

[9th Circuit Opinion](https://cdn.ca9.uscourts.gov/datastore/opinions/2026/07/30/25-6842.pdf)

Both opinions were 2-1 and decided today. The question is whether [8 U.S.C. Section 1225(b)(2)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225&num=0&edition=prelim) mandates detention without a bond hearing of aliens present in the US who have not been admitted but who are not recent entrants.

CA7 had previously considered the question in a case with a weird posture that didn't squarely present the issue, and a split majority resolved that case without resolving the question.

This continues to develop an extensive circuit split, now between CA5 and CA8 who ruled in favor of the policy and CA2, CA6, CA7, CA9, CA10, and CA11 who ruled against. The remaining circuits, CA1, CA3, and CA4, all have cases on the issue pending. The 5th Circuit and 6th Circuit decisions have been appealed and SCOTUS will almost certainly decide the issue in the upcoming term.

[Kyle Cheney story](https://www.politico.com/news/2026/07/30/ninth-circuit-ice-detention) with additional context, as well as [his tally](https://bsky.app/profile/kyledcheney.bsky.social/post/3mrv7q62r6c2r) of the circuit split.

Edit; Also, discussions on the same topic in the weekly thread [here](https://www.reddit.com/r/supremecourt/comments/1v7vz69/comment/p0rx9g6/) and [here](https://www.reddit.com/r/supremecourt/comments/1v7vz69/comment/p0qmxzd/)