The Fifth Circuit stayed lower court orders releasing three noncitizens from immigration detention, granting the Justice Department’s unusual request ahead of further oral arguments on whether noncitizens without immigration status have a constitutional right to bond hearings.
The unsigned published order, which was entered Tuesday by the full US Court of Appeals for the Fifth Circuit, means the three men could be taken back into immigration custody months after their release.
The brief order doesn’t explicitly state whether it has the precedential effect DOJ sought. But published orders, particularly from the en banc court, are influential on courts in …