Indian immigrant detained without bond hearing challenges mandatory detention policy
Jul 15, 2026 · Philadelphia, PA, India
Naseeb Naseeb, a native of India, entered the United States in June 2024 at the Mexican border and was released to live in Philadelphia while in removal proceedings. On July 15, 2026, DHS officials arrested him at a scheduled immigration check-in and detained him at the Federal Detention Center in Philadelphia without a bond hearing. The government relied on a July 8, 2025 ICE policy interpreting the Immigration and Nationality Act to subject all noncitizens without admission status to mandatory detention without bond eligibility. Naseeb filed a petition for writ of habeas corpus arguing the detention violated the INA and the Fifth Amendment Due Process Clause. The federal court granted his petition, finding that Naseeb should be detained under the discretionary provisions of 8 U.S.C. § 1226(a), not the mandatory detention statute, and that he is entitled to a bond hearing before an immigration judge.
Sources
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