FULL DECISION: Rodriguez v. Vergara, 26-50183:
https://lawofselfdefense.com/wp-content/uploads/2026/10/Rodriguez-v.-Vergara-26-50183.pdf
For complete Medicare guidance, dial (617) 644-0093 to speak with my trusted partner, Chapter Medicare Advisors.
Can an illegal alien who has lived here for twenty years demand a bond hearing and release from custody as matter of Constitutional right before ICE can hold him?
Yesterday the full Fifth Circuit, sitting en banc, ruled that the alien had a right under habeas corpus to the procedural step of having a court consider the question, but no substantive legal right to bond and release if Congress had ruled otherwise—and in the case of aliens unlawfully in the United States, Congress HAD ruled otherwise.
In Rodriguez v. Vergara, Judge Cory Wilson wrote for the majority, reversing two Western District of Texas judges who had ordered detained aliens released.
Those two trial judges, and a divided three-judge panel, found a Fifth Amendment right to a bond hearing, and the panel even invented a 90-day deadline.
The en banc majority vacated all of it, holding that while aliens are entitled to the right of habeas corpus, habeas is a procedural matter limited to having the question of release answered by a court, it is not a guarantee of liberty within our borders. The substantive question of release on bond is a separate statutory matter.
Seven judges dissented.
So is the majority correct that the Constitution guarantees the PROCEDURE of habeas, but leaves the SUBSTANCE of release on bond to Congress, not the courts?
In the preceding show, Part 1, #1492, I walked you through the majority opinion, explain the reasoning that decided it, and tell you what it means for the next ICE detention fight.
In this show, #1493, I do a Part 2 and work through two excellent concurrences, including a deep history lesson on the doctrine of habeas corpus.
All @TheBrancaShow mugs & MORE! https://tinyurl.com/k778wj2k
JOIN OUR COMMUNITY! Exclusive Members-only content & perks! Only ~17 cents/day! $5/month!
YouTube: https://tinyurl.com/hn32rfz9
Locals: https://tinyurl.com/yck4w9kf
FOUNDING FATHERS SPEED DIAL: https://tinyurl.com/3f7pc8nz
Episode #1493.
Chapter and its affiliates are not connected with or endorsed by any government entity or the federal Medicare program. Chapter Advisory, LLC represents Medicare Advantage HMO, PPO, and PFFS organizations and stand alone prescription drug plans that have a Medicare contract. Enrollment depends on the plan’s contract renewal. While we have a database of every Medicare plan nationwide and can help you to search among all plans, we have contracts with many but not all plans. As a result, we do not offer every plan available in your area. Currently we represent 50 organizations which offer 18,160 products nationwide. We search and recommend all plans, even those we don’t directly offer. You can contact a licensed Chapter agent to find out the number of products available in your specific area. Please contact Medicare.gov, 1-800-Medicare, or your local State Health Insurance Program (SHIP) to get information on all of your options.
52 min
44 min
1 ora e 9 min
1 ora e 35 min
1 ora e 8 min
Oct 23 20261 ora e 4 min
50 min
1 ora e 1 min