Detained immigrant ordered released after court finds ICE lacked authority to hold him
A man detained by Immigration and Customs Enforcement filed a habeas corpus petition challenging the legality of his arrest and continued detention. The government argued he was lawfully held under 8 U.S.C. § 1225(b)(1), the expedited removal statute, but the court found that provision did not apply because he was not 'arriving in the United States.' The court instead determined his detention was governed by 8 U.S.C. § 1226(a), which applies to noncitizens present in the country without admission. He was being held at the Donald W. Wyatt Detention Facility. The court granted his habeas petition, ordering his immediate release, and directed the government to provide him a bond hearing before an immigration judge within ten days. The court denied the government's request to impose monitoring equipment on him pending that hearing. The government was also ordered to file a status report on the outcome of the bond hearing.



































