Decisions

S.D. Fla. April 28, 2026

Exhaustion was excused as futile and the detention is governed by section 1226(a), so the government must hold a bond hearing within five days at which it bears the burden by clear and convincing evidence, or release him.

Mandatory detention 1225(b) Bond hearing

Caution The brief treats this and Euceda v. Noem as a different question from third-country removal; no reporter or unofficial citation is printed and the brief does not name the judge (the docket suffix is BLOOM).

W.D. Tex. November 17, 2025 817 F. Supp. 3d 406

Mandatory detention reaches only a person currently seeking admission, so the petitioner, who holds Special Immigrant Juvenile status, must receive a bond hearing within fourteen days or be released.

Mandatory detention 1225(b) Bond hearing Attorney fees

Caution Fees under the Equal Access to Justice Act were denied under Fifth Circuit authority holding the Act does not authorize fees for successful section 2241 motions, in contrast to the fee award in Aden v. Nielsen; no docket number is printed in the brief.

N.D. Cal. September 18, 2025 2025 WL 2689853

Five noncitizens released under section 1226(a) and arrested at immigration court must be released immediately and may not be re-detained without notice and a pre-deprivation hearing before a neutral decisionmaker.

Redetention Notice Mandatory detention 1225(b)

Caution Ex parte temporary restraining order issued the same day as the arrests, with the government not heard; the court did not definitively decide whether section 1225(b) or section 1226(a) governs, saying only that it found section 1225(b)(2)(A) 'particularly doubtful'; it expired October 2, 2025 and the file contains no later order.

N.D. Cal. September 12, 2025 2025 WL 2637503

An asylum seeker released on her own recognizance is detained under section 1226(a), not section 1225(b)(2), and due process entitles her to a pre-deprivation bond hearing before any re-arrest.

Redetention Notice Mandatory detention 1225(b) Bond hearing

Caution Preliminary injunction, not a final judgment; substantive due process claims were expressly not reached; the country of origin is printed throughout as 'Columbia'; the decretal language, unlike the earlier temporary restraining order, does not repeat the word 'notice'.

W.D. La. August 27, 2025 2025 WL 2472136

A noncitizen present since 2005 and taken into custody as she left her immigration hearing is likely detained under section 1226(a), not section 1225(b)(2)(A), and must receive an individualized bond hearing or be released.

Mandatory detention 1225(b) Bond hearing

Caution Preliminary posture, with the habeas petition still pending; the separate motion for release was denied and release was ordered only if the bond hearing was not held by September 5, 2025, and the outcome of that hearing is not in the file; the order does not separately label the relief as a temporary restraining order or a preliminary injunction.

W.D. Wash. April 24, 2025 779 F. Supp. 3d 1239

A noncitizen who entered without inspection and was arrested while living in the United States is likely detained under section 1226(a), not section 1225(b)(2), and must receive a bond hearing within fourteen days.

Mandatory detention 1225(b) Bond hearing

Caution Preliminary injunction on the named plaintiff's individual statutory claim; the order does not certify a class and is not a final ruling on the section 1225(b)(2) versus section 1226(a) question, and the court said the government would have a full opportunity to brief that question later; immediate release was declined in favour of a bond hearing; the plaintiff's country of citizenship is not stated; KeyCite records the decision as distinguished by Martinez v. Scott (W.D. Wash. Aug. 27, 2025).