Salvadoran man held at Virginia detention center wins court-ordered bond hearing
Jul 21, 2026·Location: Farmville, VA
Country of origin: El Salvador
A native and citizen of El Salvador who entered the United States in 2007 was detained on July 21, 2026, and has been held at the Farmville Detention Center in Virginia. He filed a federal habeas corpus petition arguing that he was being detained under the discretionary detention provisions of 8 U.S.C. § 1226(a) rather than the mandatory detention provisions of § 1225(b)(2), and that his prolonged detention without a bond hearing violated his due process rights. He sought release or, alternatively, a bond hearing before an Immigration Judge. The government argued he remained an 'applicant for admission' subject to mandatory detention under § 1225(b)(2) because he had not been lawfully admitted. The court found his case indistinguishable from numerous similar rulings in the district and concluded that § 1226(a)'s discretionary framework applies to him since he was already inside the country. The court granted the petition, ordering that he receive a bond hearing within seven days and enjoining the government from denying bond based on § 1225(b)(2) or from rearresting him after release except under limited circumstances.
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