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Honduran man detained since 2013 entry wins court-ordered bond hearing after habeas challenge

Aug 18, 2026·Location: Philadelphia, PA

Country of origin: Honduras

Petitioner Brayan Josue Gutierrez Altamirano is a national and citizen of Honduras who entered the United States in approximately 2013. He is currently held in ICE custody and filed a petition for writ of habeas corpus arguing he is being detained under the discretionary provisions of 8 U.S.C. § 1226(a) rather than the mandatory detention provisions of 8 U.S.C. § 1225(b)(2). He sought either release or a bond hearing before an Immigration Judge. Respondents opposed, arguing Petitioner remains an 'applicant for admission' subject to mandatory detention under § 1225(b)(2) because he was never lawfully admitted. The court found that because Petitioner had already entered and been living in the country, his detention is governed by § 1226(a)'s discretionary framework, consistent with numerous other rulings in the district. The court further held his continued detention without a bond hearing violated his due process rights and granted the petition, ordering a bond hearing within seven days and enjoining Respondents from denying bond based on § 1225(b)(2) or rearresting him absent specified conditions.

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