Nicaraguan man detained by ICE challenges mandatory detention policy in federal court
Feb 24, 2026 · Nicaragua
Kelvin Martinez Bermudez, a citizen of Nicaragua, has been in immigration detention since February 24, 2026, after being arrested at a scheduled ICE check-in. ICE did not set bond and did not provide Bermudez with a custody review by an immigration judge as required under the Board of Immigration Appeals' decision in Matter of Yajure Hurtado. A recent DHS policy classifies anyone arrested within the United States and charged with being inadmissible under 8 U.S.C. § 1182(a)(6)(A)(i) as an 'applicant for admission' subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A), a change from prior policy that allowed for bond or conditional parole under 8 U.S.C. § 1226(a). Bermudez filed a habeas corpus petition and ex parte application for a temporary restraining order seeking to prohibit his removal, transfer outside the Central District of California, and continued detention without a constitutionally adequate bond hearing. The federal court granted the temporary restraining order, ordering respondents to either provide Bermudez an individualized bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) on or before April 7, 2026 at 9:00 a.m., or release him from custody by April 7, 2026 at 5:00 p.m. The court set a hearing on the preliminary injunction for April 16, 2026.
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