HUMSI — Human Security Initiative

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Eritrean man detained by ICE challenges mandatory detention without bond hearing

Mar 13, 2026

Country of origin: Eritrea

An Eritrean national entered the United States without inspection on March 9, 2023, and has resided in the country for approximately three years. On March 13, 2026, ICE arrested him and placed him in removal proceedings under 8 U.S.C. § 1229a, detaining him pursuant to 8 U.S.C. § 1225(b)(2) as a person who entered without inspection. He filed a habeas corpus petition challenging his detention and sought either an individualized custody determination or release, arguing he should be detained under 8 U.S.C. § 1226(a), which permits bond hearings. The U.S. District Court for the Western District of Oklahoma denied his motion for temporary restraining order, finding that he failed to demonstrate likelihood of success on the merits, irreparable harm, or that the equities favored release. The court determined his detention under § 1225(b)(2) was lawful and his due process claims were either premature or inadequately argued.

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