Summary
The court grants Cristian Gabriel Duran Avalos’ petition for a writ of habeas corpus under 28 U.S.C. § 2241, holding that his 12-year presence in the United States places his detention under 8 U.S.C. § 1226(a), rather than the mandatory-detention provision of § 1225(b)(2). The court further concludes that denying him an opportunity for a bond hearing violated his substantive due process rights. Respondents are ordered either to release him or conduct a bond determination hearing within fourteen days, and his motion for a temporary restraining order is denied as moot.
Court
United States District Court for the Northern District of Iowa, Western Division
Jurisdiction
United States District Court for the Northern District of Iowa, Western Division
Decision date
December 9, 2025
Docket number
No. C25-4063-LTS-KEM
Disposition
writ_granted
Questions Presented
- Whether 8 U.S.C. § 1225(b)(2)'s mandatory detention provision applies to an unadmitted alien who has lived in the United States for approximately twelve years and is not presently seeking admission.
- Whether petitioner's continued detention without an opportunity to post bond violated his substantive due process rights.
- Whether petitioner was entitled to habeas relief under 28 U.S.C. § 2241 and whether his request for a temporary restraining order should be granted.
Holdings
- Section 1225(b)(2) does not apply to Duran Avalos because, although he was an applicant for admission, he was not presently seeking admission after having lived in the United States for approximately twelve years.
- On the record presented, continued detention without an opportunity to post bond violated Duran Avalos's substantive due process rights.
Court Document
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