Immigrant detained without legal entry status ordered released after court finds ICE detention unlawful
The petitioner, who entered the United States without admission, was detained by ICE and held at the Donald W. Wyatt Detention Facility. He filed a habeas corpus petition and an emergency motion for a temporary restraining order, arguing his detention was unlawful and that he was entitled to a bond hearing before an immigration judge under 8 U.S.C. § 1226(a). The government opposed the petition solely on exhaustion grounds, arguing he had not directly requested a bond hearing from the immigration court, but did not identify any statute authorizing his detention. The court found that immigration judges lack authority to grant bond to noncitizens present without admission, making exhaustion futile, and noted First Circuit precedent holding such individuals are governed by § 1226 rather than mandatory detention provisions. The court granted the habeas petition, ordered his immediate release, and denied the government's request to impose monitoring equipment. The government was permitted to transfer him to ICE's Boston Field Office solely to process his release. The court further ordered that he receive a bond hearing within ten days, with the immigration judge required to consider alternatives to detention before finding flight risk or dangerousness.

































