Undocumented immigrant detained without bond hearing challenges mandatory detention
Apr 2, 2026·Location: Ochopee, FL
An undocumented immigrant entered the United States without authorization in 2020 and was recently detained by U.S. Immigration and Customs Enforcement pending removal proceedings. He is currently held at the Florida Soft Side Detention Facility in Ochopee, Florida. He filed a habeas corpus petition challenging his detention under 8 U.S.C. § 1225(b)(2), which mandates detention without a bond hearing, arguing he should instead be subject to § 1226(a)'s discretionary detention scheme where he could be eligible for release. The court agreed with his statutory interpretation argument, finding that § 1226(a) applies to noncitizens already present in the United States, not § 1225(b)(2). The court granted his petition in part and ordered the government to provide him with a bond hearing as required under § 1226(a), but denied his request for immediate release.
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