Foreign national detained by ICE en route to work wins habeas release order
Aug 26, 2026·Location: Philadelphia, PA
A foreign national who entered the United States around 2008 was arrested and detained by ICE officers on August 26, 2026, without prior notice while he was on his way to work. He is currently held at the Philadelphia Federal Detention Center, with the government asserting he is subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A). He filed a petition for writ of habeas corpus challenging his detention. The district court granted the petition, relying on recent Third Circuit precedent holding that noncitizens already present in the United States are not 'seeking admission' and therefore cannot be detained under § 1225(b), but only under § 1226. The court ordered the government to release him immediately, temporarily enjoined his re-detention for seven days, and required that any future detention be preceded by a bond hearing before a neutral immigration judge. The court also barred the government from removing or transferring him out of the district pending that bond hearing.
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