Summary
The United States District Court for the District of Massachusetts granted Robin Gonzalez Rodriguez’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court ordered that he receive a bond hearing under 8 U.S.C. § 1226 or that respondents advise the court if the immigration judge declined to conduct one. The decision relied on the declaratory judgment and class proceedings in Guerrero Orellana v. Moniz and related cases.
Topics
Practice areas
Questions Presented
- Whether Petitioner was subject to detention under 8 U.S.C. § 1226(a), rather than 8 U.S.C. § 1225(b)(2), and therefore entitled to consideration for release at a bond hearing.
- Whether continued detention without a bond hearing violated Petitioner’s due-process rights and warranted relief under 28 U.S.C. § 2241.
- Whether the court’s habeas jurisdiction was restricted because Petitioner appeared to fall within the class certified in Guerrero Orellana v. Moniz.
Holdings
- Consistent with the declaratory judgment in Guerrero Orellana, Petitioner must be provided a bond hearing pursuant to 8 U.S.C. § 1226, unless the Immigration Judge declines to conduct such a hearing under § 1226(a), in which event Respondents must notify the court so that the court may conduct the hearing.
- The declaratory judgment in Guerrero Orellana did not restrict the court’s jurisdiction under 28 U.S.C. § 2241 to ensure that Petitioner was not held on unlawful grounds or in contravention of that judgment.
Key quotations
“No later than March 27, 2026, Petitioner must be provided a bond hearing pursuant to 8 U.S.C. § 1226 or, if the immigration judge declines to conduct a bond hearing pursuant to 8 U.S.C. § 1226(a), Respondents shall so advise the court by that date so that his court may conduct the bond hearing.” (at *3)
Factual background
Robin Gonzalez Rodriguez entered the United States in 2021. ICE detained him on February 20, 2026, while he was delivering a package to Hanscom Air Force Base, and transferred him to the Plymouth County Correctional Facility. He requested a bond hearing, but an Immigration Judge denied the request based on a conclusion that the Immigration Court lacked jurisdiction under INA § 235(b)(2).
Procedural history
Petitioner was detained by ICE and held at the Plymouth County Correctional Facility. An Immigration Judge denied his request for a custody redetermination hearing on the ground that the Immigration Court lacked jurisdiction under INA § 235(b)(2), as interpreted in Matter of Yajure Hurtado. Petitioner then filed a § 2241 habeas petition. The District Court granted the petition and ordered that Petitioner receive a bond hearing under 8 U.S.C. § 1226 or that Respondents advise the court if the Immigration Judge declined to conduct one.
Remand instructions
No later than March 27, 2026, Respondents must provide Petitioner a bond hearing under 8 U.S.C. § 1226. If the Immigration Judge declines to conduct the hearing under § 1226(a), Respondents must advise the court by that date so the court may conduct the hearing. Any decision by the Immigration Judge to continue detention must state the reasons. Respondents must file a status report by March 31, 2026.