Guatemalan national detained by ICE challenges mandatory detention statute
Jul 22, 2026
Country of origin: Guatemala
A Guatemalan national who entered the United States in approximately 2021 was detained by Immigration and Customs Enforcement (ICE). Petitioner challenged his detention, arguing he should be governed by the discretionary detention provisions of 8 U.S.C. § 1226(a) rather than the mandatory detention provisions of § 1225(b)(2). The court granted his petition, ruling that because Petitioner was already in the country prior to detention, he falls under § 1226(a) as a noncitizen already in the country and is entitled to a bond hearing before an immigration judge within seven days.
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