S.N.H. v. Brian English, Todd M. Lyons, Kristi Noem, Pamela Bondi, and Samuel Olson

Summary

The United States District Court for the Northern District of Indiana granted in part S.N.H.'s 28 U.S.C. § 2241 habeas petition challenging his continued detention after an immigration judge ordered his release on bond. The court held that 8 U.S.C. § 1225(b)(2) did not apply to S.N.H. and determined that the 90-day automatic stay of the bond order under 8 C.F.R. §§ 1003.19(i)(2) and 1003.6(c) had expired. The court ordered respondents to allow S.N.H. to post the $20,000 bond and to certify compliance after bond was posted.

Holdings

1. The district court had jurisdiction over S.N.H.'s habeas petition.
2. Section 1225(b)(2) did not apply to S.N.H.; therefore, respondents could not justify his continued detention on the ground that he was subject to mandatory detention as an applicant for admission under that provision.
3. The automatic stay of S.N.H.'s bond-release order had expired, and S.N.H. was entitled to post bond in accordance with the immigration judge's September 2, 2025 order.

Questions Presented

1. Whether the court had jurisdiction over S.N.H.'s § 2241 habeas petition despite immigration jurisdiction-stripping provisions.
2. Whether 8 U.S.C. § 1225(b)(2) authorized S.N.H.'s mandatory detention while his removal proceedings were pending.
3. Whether the automatic-stay provision in 8 C.F.R. § 1003.19(i)(2) was unlawful under due process principles or the Immigration and Nationality Act.
4. Whether S.N.H. was entitled to post bond after the regulatory automatic stay expired.

Disposition

other