ÌÒ×ÓÊÓƵ

This case challenges the prolonged mandatory detention of a longtime lawful permanent resident in Minnesota without due process. He was detained for over 12 months without any individualized consideration of the necessity for his detention, i.e., a bond hearing, despite the immigration judge finding that he deserved a discretionary form of relief, cancellation of removal for lawful permanent residents.

Although the district court had granted his habeas petition and Mr. Banyee was released after a bond hearing, the government appealed the decision and the Eighth Circuit reversed the district court, holding—contrary to all circuit courts to address the issue—that the government can detain an individual like Mr. Banyee so long as they are pending proceedings. He sought rehearing en banc but received a final order of removal while that was pending, so he was no longer able to challenge his pre-removal order detention. The Eighth Circuit denied a motion for vacatur and rehearing en banc, splitting from other circuit courts on when a challenge to pre-removal order detention becomes moot.