Antonio C. v. Noem

Summary

This Report and Recommendation addresses Antonio C.'s 28 U.S.C. § 2241 habeas petition challenging his detention by Immigration and Customs Enforcement. The magistrate judge recommends treating Petitioner as subject to discretionary detention under 8 U.S.C. § 1226(a), rather than mandatory detention under 8 U.S.C. § 1225(b)(2), and recommends that Respondents provide a bond hearing before an immigration judge in Minnesota within seven days of adoption or immediately release Petitioner. Objections were set for January 25, 2026, with responses due January 28, 2026.

Holdings

1. Section 1225(b)(2) applies only to persons who are presently seeking admission at the time of detention; a person who has resided in the United States for more than 20 years is not presently seeking admission merely because the government alleges inadmissibility or an entry without inspection.
2. Because Petitioner was not shown to be subject to mandatory detention under § 1225(b)(2), his detention falls under the discretionary detention framework of 8 U.S.C. § 1226(a), requiring a custody redetermination or bond hearing before an immigration judge.

Questions Presented

1. Whether a noncitizen who has lived in the United States for more than 20 years may be treated as an applicant for admission subject to mandatory detention under 8 U.S.C. § 1225(b)(2).
2. Whether Petitioner was instead subject to discretionary detention under 8 U.S.C. § 1226(a) and therefore entitled to a custody redetermination or bond hearing before an immigration judge.
3. Whether habeas relief should require Respondents to provide Petitioner a bond hearing in Minnesota and release him if they failed to provide the hearing within the prescribed period.

Disposition

other