Guerrero Orellana v. Moniz

Summary

The majority holds that noncitizens who entered the United States without inspection and are present without admission are not "seeking admission" under 8 U.S.C. § 1225(b)(2)(A). Their detention is therefore governed by § 1226(a), which permits release on bond or conditional parole, rather than by § 1225(b)(2)(A)'s mandatory-detention regime. The court affirms the district court's order requiring the government to release the petitioner or provide a bond hearing.