Dalila Doribel Marroquin v. Kristi Noem, et al.

Summary

The United States District Court for the Eastern District of Kentucky denies Dalila Doribel Marroquin’s petition for a writ of habeas corpus challenging her immigration detention and the denial of bond. The court concludes that Marroquin is detained under the discretionary detention framework of 8 U.S.C. § 1226(a), but that 8 U.S.C. § 1226(e) precludes judicial review of her challenge because it contests the Immigration Judge’s weighing of evidence rather than the statutory framework or the fairness of the hearing. The court entered the memorandum order and opinion on March 2, 2026.

Holdings

1. 8 U.S.C. § 1226(e) bars judicial review of a discretionary Immigration Judge decision regarding detention, release, or bond when the petitioner challenges the result reached in her particular case.
2. Marroquin did not raise a cognizable challenge to the INA's statutory framework or the extent of the government's detention authority; she challenged only the correctness of the Immigration Judge's discretionary bond decision.
3. A noncitizen who entered the United States without inspection and remained present for years before being arrested by ICE is subject to the discretionary detention scheme of 8 U.S.C. § 1226 rather than the mandatory detention scheme of § 1225(b)(2).

Questions Presented

1. Whether 8 U.S.C. § 1226(e) deprived the district court of jurisdiction to review Marroquin's challenge to the Immigration Judge's discretionary denial of bond.
2. Whether Marroquin presented a cognizable challenge to the statutory detention framework or instead merely challenged the Immigration Judge's weighing of the evidence.

Disposition

denied