Mexican national detained by ICE wins habeas corpus case, entitled to bond hearing
Jul 24, 2026 · Ocean City, MD, Mexico
Fredysel Nucamendi Castillejos, a native and citizen of Mexico, has been present in the United States since 2018. On July 24, 2026, he was detained by immigration officials in Ocean City, Maryland and taken into custody at the Farmville Detention Center in Virginia, where he remained for over a week. Castillejos filed a habeas corpus petition challenging his classification as an "applicant for admission" subject to mandatory detention under 8 U.S.C. § 1225(b)(2), arguing instead that he should be subject to discretionary detention under § 1226(a) with the right to a bond hearing. The federal government argued that anyone in the United States without lawful admission is subject to mandatory detention. The district court agreed with Castillejos, finding that § 1226(a) is the applicable detention scheme for noncitizens already present in the country. The court granted the habeas petition, ordering Castillejos be released from custody and provided an individualized bond hearing before an Immigration Judge within 14 days, where the judge must determine whether he poses a danger or is a flight risk.
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