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El Salvadoran immigrant challenges mandatory detention policy in federal appeals court

May 5, 2026 · MA, El Salvador

El Salvadoran immigrant challenges mandatory detention policy in federal appeals court

Jose Arnulfo Guerrero Orellana, an unauthorized immigrant from El Salvador who entered the U.S. unlawfully in 2013, was arrested at a traffic stop in Massachusetts. He is challenging the Trump administration's policy of mandatory detention for all unauthorized immigrants without bond hearings through a class action lawsuit, Guerrero Orellana v. Moniz et al. The case argues the policy contradicts the Immigration and Nationality Act and long-standing government practice. The 1st U.S. Circuit Court of Appeals heard oral arguments on the case, with federal appellate courts currently split on the issue and Supreme Court review increasingly likely.

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