Detainee challenges mandatory detention without bond hearing in removal proceedings
Jun 18, 2026·Location: Memphis, TN
A long-term law-abiding resident of the United States, a noncitizen, was detained at the Western Tennessee Detention Facility pending removal proceedings without receiving a bond hearing. He filed a Petition for Writ of Habeas Corpus challenging his detention as violating due process rights. The court noted that he, described as a long-term law-abiding resident of the United States, had been held in mandatory detention. Following the Sixth Circuit's decision in Lopez-Campos v. Raycraft, which established that noncitizens are entitled to a bond hearing under 8 U.S.C. § 1226(a), the respondent agreed that a custody redetermination hearing was required. The district court granted the habeas petition to the limited extent of ordering that he receive a bond hearing within ten days or be released from custody, finding that Section 1226 guarantees only a hearing opportunity, not automatic release.
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