Summary
The United States District Court for the Middle District of Georgia grants a habeas petition in part, holding that the petitioner is detained under 8 U.S.C. § 1226(a) rather than mandatory detention under 8 U.S.C. § 1225(b)(2). The court orders the respondents to provide a bond hearing to determine whether the petitioner may be released on bond under § 1226(a)(2) and applicable regulations.
Court
United States District Court for the Middle District of Georgia, Columbus Division
Jurisdiction
United States District Court for the Middle District of Georgia, Columbus Division
Decision date
January 21, 2026
Docket number
4:26-cv-068-CDL-CHW
Disposition
writ_granted
Questions Presented
- Whether Petitioner was subject to mandatory detention under 8 U.S.C. § 1225(b)(1) or § 1225(b)(2), or instead was detained under 8 U.S.C. § 1226(a).
- Whether Petitioner was entitled to a bond hearing to determine eligibility for release under 8 U.S.C. § 1226(a)(2) and applicable regulations.
Holdings
- Petitioner was currently detained under 8 U.S.C. § 1226(a) and therefore was not subject to mandatory detention under 8 U.S.C. § 1225(b)(2).
- Because Petitioner was detained under § 1226(a), Respondents were required to provide him with a bond hearing to determine whether he could be released on bond under § 1226(a)(2) and applicable regulations.
Court Document
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