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.
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; the decision was later distinguished in Martinez v. Scott (W.D. Wash., 27 August 2025).
Mandatory detention 1225(b) Bond hearing
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