Summary
The United States District Court for the District of New Mexico grants Noe Patino-Arroyo’s 28 U.S.C. § 2241 habeas petition challenging his immigration detention. The court holds that 8 U.S.C. § 1226 governs his detention, that detention without an individualized bond hearing violates due process, and orders a prompt bond hearing at which the Government must establish by clear and convincing evidence that continued detention is warranted.
Court
United States District Court for the District of New Mexico
Jurisdiction
United States District Court for the District of New Mexico
Decision date
February 6, 2026
Docket number
1:26-cv-00091-KG-DLM
Disposition
writ_granted
Questions Presented
- Whether 8 U.S.C. § 1226, rather than the mandatory-detention provisions of 8 U.S.C. § 1225(b)(2)(A), governed Petitioner's detention.
- Whether Petitioner's redetention without a bond hearing or individualized custody determination violated procedural due process.
- Whether the proper habeas remedy was a prompt bond hearing at which the Government bore the burden of proving by clear and convincing evidence that Petitioner was a flight risk or danger to the community.
Holdings
- Because Petitioner had entered and lived in the United States for more than 20 years and was not apprehended at or near the border while seeking admission, 8 U.S.C. § 1226 governed his detention rather than the mandatory-detention regime in § 1225(b)(2)(A).
- Petitioner's detention violated procedural due process because he had a protected liberty interest in remaining out of custody on bond and was redetained without the individualized procedures necessary to assess whether circumstances had materially changed.
- The proper remedy was a prompt bond hearing under § 1226(a), at which the Government had to prove by clear and convincing evidence that Petitioner was a flight risk or danger to the community.
Court Document
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