Mexican father detained without bond after 30 years in US wins release order
Jul 1, 2026·Location: Pike County, PA
Country of origin: Mexico
A Mexican citizen and father who has lived continuously in the United States for approximately thirty years, since his entry around 1996, is married to a U.S. citizen spouse, and together they have a 14-year-old U.S. citizen son who has learning disabilities. He has no criminal history and no final order of removal. On July 1, 2026, he was arrested and detained by ICE and was held without a bond hearing at the Pike County Correctional Facility in Pennsylvania. He filed a habeas corpus petition arguing that his detention under the mandatory detention provision of 8 U.S.C. § 1225(b) was unlawful because that provision applies only to noncitizens actively seeking admission, not longtime residents, who are instead subject to the discretionary detention provision, 8 U.S.C. § 1226(a), which entitles them to a bond hearing. On July 30, 2026, Judge Robert D. Mariani of the Middle District of Pennsylvania granted the petition, ordered the government to immediately release him, and permanently enjoined the government from detaining him under § 1225(b) absent a compelling change in circumstances, while requiring notice and a timely individualized bond hearing for any future detention under § 1226(a).
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