Fifth Circuit opinion in Buenrostro-Mendez v. Bondi

… time and place information, the court rejected the government’s practice based on the text of § 1229(a). Id. at 205, 209, 138 S. Ct. at 2111, 2114. The same approach is appropriate here. Regardless of the government’s past practice and regardless of Congress’s silence on § 1225(b)(2)(A), the text controls. In any event, that prior Administrations decided to use less than their full enforcement authority under § 1225(b)(2)(A) does not mean they lacked the authority to do more. Indeed, the Federal Register suggests that past Administrations recognized that IIRIRA conferred more authority upon 17 --- <!-- page 18 --> Case: 25-20496 Document: 213-1 Page: 18 Date Filed: 02/06/2026 25-20496 c/w No. 25-40701 them than they chose to exercise. Portions of the Federal Register produced …