Honduran man detained since 2022 entry wins court order for ICE bond hearing
The petitioner is a native and citizen of Honduras who entered the United States without inspection in June 2022. He is currently detained at the Caroline Detention Facility. He filed a federal habeas petition arguing that his detention is governed by the discretionary detention provisions of 8 U.S.C. § 1226(a) rather than the mandatory detention provisions of § 1225(b)(2), and that being held without a bond hearing violates his due process rights. The government argued he remained an 'applicant for admission' subject to mandatory detention under § 1225(b)(2) because he had not been lawfully admitted. The court found that because he was already present in the country rather than seeking admission at the border, § 1226(a)'s discretionary framework applied. The court granted the petition, ordering that he receive a bond hearing before an immigration judge within seven days and enjoining the government from denying bond or rearresting him except under specified circumstances.







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