In Sosnava Rodriguez v. Ortega (5th Cir., No. 26-50183), the Fifth Circuit vacated its July 2, 2026, panel decision that granted noncitizens a constitutional right to an individualized bond hearing after 90 days.
The full court has decided to rehear the case en banc, meaning the mandatory detention policy remains in effect pending the new review. As such, the panel decision is no longer precedential or binding on district courts in the Fifth Circuit or on other panels. However, under circuit law, its reasoning can still be cited as persuasive. See, e.g., Cheejati v. Blinken, 106 F.4th 388, 395 (5th Cir. 2024) (noting that while a prior panel decision was vacated, “we find its reasoning persuasive); Munn v. City of Ocean Springs, Miss., 763 F.3d 437, 441 (5th Cir. 2014) (finding persuasive a prior decision vacated en banc).
