Christian Yair De La Cruz Guillermo v. Derrick Stamper, in his official capacity as Chief Patrol Agent of Houlton Sector, U.S. Border Patrol, et al.

No. 2:26-cv-00040-JAW (D. Me. Jan. 28, 2026) · United States District Court for the District of Maine · January 28, 2026 · No. No. 2:26-cv-00040-JAW

Summary

The United States District Court for the District of Maine grants Christian Yair De La Cruz Guillermo’s petition for a writ of habeas corpus. The court holds that 8 U.S.C. § 1226(a), rather than the mandatory-detention provisions of § 1225(b)(2), governs his detention and requires the government to provide a bond hearing within fourteen days. The court also orders the government to produce the warrant authorizing his arrest.

Holdings

  1. The court retained jurisdiction over Guillermo's habeas petition because he was physically present in the District of Maine and in custody there when the petition was filed.
  2. Section 1225(b)(2)'s mandatory-detention scheme did not apply to Guillermo because he was a noncitizen already residing in the United States and was not actively seeking admission. He was instead subject to discretionary detention under § 1226(a).
  3. Because Guillermo was detained under § 1226(a), he was entitled to a bond hearing before an Immigration Judge. Respondents' continued detention of him without a bond hearing violated the Fifth Amendment Due Process Clause.
  4. Respondents were required to produce the warrant authorizing Guillermo's January 15, 2026 arrest.

Questions Presented

  1. Whether the court had habeas jurisdiction because Guillermo was physically present in the District of Maine when his petition was filed.
  2. Whether 8 U.S.C. § 1225(b)(2)'s mandatory-detention scheme applied to Guillermo, a noncitizen who had resided continuously in the United States since 2023.
  3. Whether detention without a bond hearing violated Guillermo's procedural due-process rights under the Fifth Amendment.
  4. Whether respondents were required to produce the warrant authorizing Guillermo's arrest under 8 U.S.C. § 1226(a).

Disposition

granted

Cases Cited (18)

  • Rumsfeld v. Padilla, 542 U.S. 426, 435, 442 (2004)(followed)
  • Carbo v. United States, 364 U.S. 611, 618 (1961)(followed)
  • United States v. Hayman, 342 U.S. 205, 213 (1952)(followed)
  • Ahrens v. Clark, 335 U.S. 188, 190 (1948)(followed)
  • Jennings v. Rodriguez, 583 U.S. 281, 287-89, 297 (2018)(followed)
  • Department of Homeland Security v. Thuraissigiam, 591 U.S. 103, 108 (2020)(followed)
  • Gomes v. Hyde, No. 1:25-cv-11571, 2025 U.S. Dist. LEXIS 128085, at *4-5 (D. Mass. July 7, 2025)(followed)
  • Hernandez-Lara v. Lyons, 10 F.4th 19, 27-28, 33, 41 (1st Cir. 2021)(followed)
  • Mercado v. Francis, No. 25-cv-6582 (LAK), 2025 U.S. Dist. LEXIS 232876, at *9-10 & n.22 (S.D.N.Y. Nov. 26, 2025)(followed)
  • Lopez v. Trump, No. 2:25-cv-863, 2025 U.S. Dist. LEXIS 233128, at *6 (D. Vt. Nov. 17, 2025)(followed)

Showing top 10 of 18.

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