Brazilian man detained by ICE without bond challenges mandatory detention despite no criminal record
Francyel Viera de Lima, a Brazilian citizen who has lived in the United States since 2022, entered the country without inspection or parole and was served a Notice to Appear. He filed an I-589 application for asylum, withholding of removal, and protection under the Convention Against Torture, but an Immigration Judge denied all relief on February 28, 2025 and ordered his removal to Brazil; his appeal to the BIA remains pending, so his removal order is not final. On July 21, 2026, Petitioner was arrested and detained by ICE despite having consistently complied with DHS supervision, including required ICE ERO check-ins, and having no criminal record. He is currently detained at the Clinton County Correctional Facility in the Middle District of Pennsylvania without a bond hearing. Petitioner filed a habeas corpus petition arguing he was being unlawfully held under the mandatory detention provision of 8 U.S.C. § 1225(b) rather than the discretionary detention provision of 8 U.S.C. § 1226(a), which entitles detainees to a bond hearing, and that his detention without a bond hearing violated his Fifth Amendment due process rights. The court granted the habeas petition, finding his detention under § 1225(b)(2)(A) unlawful, and ordered Respondents to immediately release him and file a declaration confirming his release. The court further permanently enjoined Respondents from detaining Petitioner under § 1225(b), though Respondents may later detain him under § 1226(a) provided he receives notice and a timely individualized bond hearing before an Immigration Judge.




























