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Guatemalan national detained without inspection, challenges mandatory detention

Jun 6, 2026 · Philipsburg, PA, Guatemala

Tomin Nimamac, a Guatemalan citizen, was arrested and detained on June 6, 2026, at Moshannon Valley Processing Center after entering the United States without inspection around 2012. ICE agents and local police determined he was unlawfully present and detained him under what they claimed was mandatory detention under 8 U.S.C. § 1225(b)(2)(A). The court ruled that Nimamac, as a noncitizen already present in the country rather than an applicant for admission, is subject to discretionary detention under 8 U.S.C. § 1226(a) and granted his petition for a bond hearing before a neutral immigration judge within 10 days.

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