Southwick argues detention needs more justification
Leslie H. SouthwickFifth Circuit judge writing in dissent
Southwick argues that Supreme Court decisions, reasonably interpreted, prohibit this detention without more justification than the government offered.
“I conclude that those decisions, reasonably interpreted, prohibit detention of these individuals without more justification than the Government has offered here.”
Original text
Where this statement fits
Fifth Circuit rejects bond hearings for three immigration detainees; dissenters invoke due process
The Fifth Circuit rejected three immigration detainees' constitutional claims to individualized bond hearings during removal proceedings. The October 23 en banc ruling reverses habeas relief, with Judge Priscilla Richman concurring in the judgment. Dissenters argue that detention requires more constitutional protection.
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Original text
About this source
The court rejects these petitioners' constitutional bond-hearing claims. The majority expressly recognizes that the Fifth Amendment applies to them.
Archived copy (opens in a new tab)Before the quotation
Southwick acknowledges that detention is a valid part of the removal process.
After the quotation
He dissents.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The case examines detention without the requested individualized bond hearings. Southwick expressly says Supreme Court decisions prohibit this detention without more justification. His legal criticism rejects the detention defended by the majority.
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More from this case
Read the full caseCastro calls the ruling unconstitutional
“violates the Fifth Amendment of the Constitution, which protects everyone.”Read statement
The Fifth Circuit majority defends detention without the requested bond hearings
United States Court of Appeals for the Fifth Circuit
“We now conclude that Petitioners were not entitled to individual hearings on their dangerousness or flight risk before they could be lawfully detained by immigration authorities pending their removal proceedings.”Read statement
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The Dispute Index. "Southwick argues detention needs more justification". First published: 2026-10-25. Last updated: 2026-10-25. https://disputeindex.com/events/6713-southwick-argues-that-supreme-court-decisions-reasonably-interpreted