Honduran immigrant detained by ICE wins habeas corpus challenge to mandatory detention
Jul 31, 2026·Location: Pottsville, PA
Country of origin: Honduras
A Honduran citizen who entered the United States through the southern border in 2021 and was briefly detained by ICE before being released. He subsequently settled in New Jersey. On July 31, 2026, ICE apprehended him in Pottsville, Pennsylvania and detained him at the Federal Detention Center in Philadelphia. On August 6, 2026, ICE transferred him to Moshannon Valley Processing Center and detained him under Section 1225 of the Immigration and Nationality Act, which provides for mandatory detention. He filed a habeas corpus petition challenging his detention. The federal court granted his petition, holding that Section 1226(a)—not Section 1225(b)(2)—governs the detention of noncitizens who have entered without admission but have long resided in the interior. The court ordered his immediate release and a temporary seven-day enjoinder against re-detention. If the government seeks to re-detain him after that period, it must first provide him with a bond hearing before an immigration judge.
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