5th Circuit En Banc Vacates Panel Ruling, Leaving the No-Bond Detention Policy in Place

After a three-judge panel of the 5th Circuit ruled 2-1 on July 2, 2026 that the government cannot hold immigrants for more than 90 days without a bond hearing, the full court sua sponte ordered rehearing en banc on July 10, 2026 and vacated the panel decision. Stateline reported that the appeals court will rehear the case in September, and that the order leaves the no-bond policy in place.

The en banc order vacated the panel’s procedural due-process ruling. It is a distinct procedural stage from the panel ruling, not a duplicate: the Fifth Circuit’s statutory ruling for the government, Buenrostro-Mendez v. Bondi, was decided earlier, on February 6, 2026, when the court concluded that the government’s position is correct. Panel ruling: 2026-07-02–fifth-circuit-90-day-bond-hearing-mandatory-detention-ruling. See also 2026-07-24–ice-plans-1400-bed-rivers-correctional-hertford-nc.