Ivan Gonzalo Armijos Salinas v. Eric Rokosky, et al.

Summary

The United States District Court for the District of New Jersey granted Ivan Gonzalo Armijos Salinas’s petition for a writ of habeas corpus challenging his mandatory immigration detention under 8 U.S.C. § 1225(b)(2). The Court ordered Respondents to treat him as detained under 8 U.S.C. § 1226(a) and provide an individualized bond hearing within seven days.

Holdings

1. Because Petitioner had entered the United States years earlier and was arrested within the interior rather than upon arrival or while affirmatively seeking admission, his detention was authorized by 8 U.S.C. § 1226(a), not the mandatory-detention provision of 8 U.S.C. § 1225(b)(2).
2. Petitioner was entitled to an individualized bond hearing under 8 U.S.C. § 1226(a) before an immigration judge to determine whether he posed a flight risk or danger to the community.

Questions Presented

1. Whether a noncitizen who entered the United States without inspection in 2020 and was arrested within the interior of the country in 2025 may be held in mandatory detention under 8 U.S.C. § 1225(b)(2), rather than under the discretionary detention authority of 8 U.S.C. § 1226(a).
2. Whether Petitioner was entitled to an individualized bond hearing before an immigration judge.

Disposition

granted