Georgian man detained by ICE after 3 years in US wins habeas release from mandatory detention
Aug 15, 2026·Location: Philadelphia, PA
Country of origin: Georgia
A native and citizen of Georgia entered the United States without inspection in February 2023 and was briefly apprehended by CBP before being released into the country, where he resided for over three years. On August 15, 2026, he was arrested near his home in Philadelphia by ICE and transferred to the Federal Detention Center in Philadelphia. The government argued he was subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A) as an 'applicant for admission' still 'seeking admission.' He filed a habeas corpus petition on August 18, 2026, arguing his detention without a bond hearing was unlawful. The court held that § 1225(b)(2)(A) applies only to newly arriving noncitizens, not those who have resided in the country for years and were arrested in the interior, and that his detention should instead be governed by § 1226(a). The court granted his petition and ordered his immediate release.
Sources
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