Guatemalan waiter detained by ICE in Maryland wins release after mandatory detention challenge
Aug 5, 2026·Location: Baltimore, MD
Country of origin: Guatemala
A Guatemalan man who has lived in the United States since 2018 and works as a waiter in Baltimore, Maryland, was detained by ICE officials in Maryland on August 5, 2026. He was subsequently transferred to the Caroline Detention Center in Virginia, where he remained held for about three weeks. DHS classified him as an 'applicant for admission' under 8 U.S.C. § 1225(a), subjecting him to mandatory detention without bond under § 1225(b)(2). He filed a habeas corpus petition arguing this classification violated the Immigration and Nationality Act, his due process rights, and the Administrative Procedure Act, and sought release and a bond hearing. The federal court found that because he was already present in the U.S. rather than arriving at the border, his detention was governed by the discretionary detention provisions of § 1226(a). The court granted his petition, ordering his prompt release and a bond hearing before an Immigration Judge within 14 days, and enjoined the government from re-detaining him absent specified circumstances.
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