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Immigration detainee wins court order for bond hearing under federal law

Aug 21, 2026·Location: McFarland, CA

The petitioner is an immigration detainee who filed a habeas corpus petition and a motion for a temporary restraining order in federal court. The court had previously ordered respondents to show whether any facts distinguished this case from its prior rulings on detention. Respondents conceded that a recent Ninth Circuit decision established that 8 U.S.C. § 1226(a) applies to individuals in the petitioner's circumstances, meaning he is entitled to a custody redetermination hearing before an immigration judge. The court granted the habeas petition and ordered that he receive a bond hearing before a neutral arbiter within ten days. The order requires 72 hours' written notice of the hearing in a language he understands, allows for representation by an attorney, and requires the decisionmaker to consider his financial circumstances and alternative release conditions. If no bond hearing is held within the deadline, respondents must release him. He is currently held at the Golden State Annex detention facility.

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