Vikrant Singh Siddhu v. Misty Mackey, Warden, Midwest Regional Reception Center; Todd M. Lyons, ICE Acting Director; Markwayne Mullin, DHS Secretary; and Pamela Bondi, Attorney General

Summary

The United States District Court for the District of Kansas grants in part Vikrant Singh Siddhu’s petition for habeas corpus under 28 U.S.C. § 2241. The court holds that the Government may not detain Siddhu under 8 U.S.C. § 1225(b)(2)(A) because he was not a newly arriving alien, and that his detention is instead governed by 8 U.S.C. § 1226(a), which permits release on bond. The court orders his release on the same bond terms previously set by an immigration judge by April 21, 2026, while denying other requested relief.

Holdings

1. Because petitioner 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); his detention pending a final removal decision was governed by 8 U.S.C. § 1226(a), which permits consideration of release on bond.
2. Petitioner was entitled to release on the same bond terms previously set by the immigration judge, rather than a new bond hearing, because the immigration judge had recently determined on the merits that petitioner should be released and no relevant circumstances had changed.
3. The district court had habeas corpus jurisdiction to consider statutory and constitutional challenges to immigration detention unrelated to a final order of removal.

Questions Presented

1. Whether the Government could detain petitioner under 8 U.S.C. § 1225(b)(2)(A), rather than 8 U.S.C. § 1226(a), when petitioner had been present in the United States for years before his detention and was not a newly arriving alien.
2. Whether petitioner was entitled to release on the bond terms previously set by an immigration judge rather than another bond hearing.
3. Whether petitioner's detention violated due process.

Disposition

other