Isaac Coyote Servin v. Samuel Olson, et al.

Summary

The United States District Court for the District of Kansas partially grants a habeas petition under 28 U.S.C. § 2241 challenging immigration detention without bond consideration. The court holds that the petitioner, who had been present in the United States for years before detention, could not be detained under 8 U.S.C. § 1225(b)(2)(A) and was instead entitled to detention under § 1226(a), including consideration for release on bond. Respondents must release the petitioner or provide a merits-based bond hearing by April 24, 2026.

Holdings

1. Because Servin was not a newly arriving alien and had been present in the United States for years before his detention, the Government could not detain him under 8 U.S.C. § 1225(b)(2)(A); pending a final removal decision, his detention was governed by 8 U.S.C. § 1226(a).
2. The Government violated the detention statutes by refusing to allow consideration of Servin's release on bond under 8 U.S.C. § 1226(a).
3. The appropriate remedy was to require respondents either to release Servin or to ensure that he receives a bond hearing under 8 U.S.C. § 1226(a), at which his suitability for release is considered on the merits, by April 24, 2026.

Questions Presented

1. Whether the Government could detain Servin under 8 U.S.C. § 1225(b)(2)(A), which mandates detention of certain arriving aliens, or instead had to proceed under 8 U.S.C. § 1226(a), which permits discretionary release on bond.
2. Whether detention without consideration of release on bond violated the governing detention statutes.
3. Whether a bond hearing or release was the appropriate remedy for the statutory violation.

Disposition

other