Ecuadorian asylum seeker held without bond wins habeas release after mandatory detention challenge
Jul 25, 2026·Location: Clinton County, PA
Country of origin: Ecuador
An Ecuadorian asylum seeker who has resided in the United States since 2023 entered the country without inspection and filed a timely asylum application shortly thereafter. On November 19, 2025, he was served with a Notice to Appear charging him as removable for being present without admission or parole. On July 25, 2026, ICE took him into custody and transferred him to the Clinton County Correctional Facility in the Middle District of Pennsylvania, where he was held without a bond hearing under 8 U.S.C. § 1225(b). His immigration records show no criminal history and no final order of removal. Petitioner filed a pro se habeas corpus petition arguing he should instead be detained under the discretionary provisions of 8 U.S.C. § 1226(a), which entitles detainees to a bond hearing, and that his detention without such a hearing violated his Fifth Amendment due process rights. Respondents did not dispute the facts but argued his detention was lawful under § 1225(b). The Court, following the majority view among federal courts and several circuit courts of appeals, agreed with Petitioner, ruling that § 1225(b)(2)(A) applies only to noncitizens affirmatively seeking admission, not those like Petitioner who have resided in the country for years. The Court granted the habeas petition, ordered Petitioner's immediate release, permanently enjoined Respondents from detaining him under § 1225(b), and required a bond hearing before an immigration judge if he is later detained under § 1226(a).
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