Honduran man with no criminal record, in U.S. over a decade, granted bond hearing after border-area arrest
The petitioner, a citizen of Honduras, entered the United States without inspection in 2013 and was placed into removal proceedings, which were administratively closed in 2017 and remain closed with no final removal order issued. He lived in the community for more than a decade without any criminal convictions in the U.S. or abroad. His father is a U.S. citizen, and he has begun pursuing consular processing for an immigrant visa on that basis. On July 30, 2026, he was apprehended by ICE in San Diego near the U.S.-Mexico border after Border Patrol agents discovered four individuals hidden in the back seat of the truck he was driving; he was arrested for alien smuggling. He has since been detained at the Otay Mesa Detention Center. He filed a habeas petition arguing his continued detention without a bond hearing violates the Fifth Amendment, seeking release or a bond hearing. Respondents conceded he is subject to detention under 8 U.S.C. § 1226(a) and did not oppose a court-ordered bond hearing. The court granted the habeas petition, ordered a constitutionally adequate bond hearing by September 25, 2026, denied the TRO motion as moot, and enjoined his transfer before the hearing.























