Ajpop-Sanchez v. Mullin et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
ROLANDO MARCELINO AJPOP-
SANCHEZ,
Petitioner,
v.
MARKWAYNE MULLIN et al.,
Respondents.
____________________________/
Case No. 1:26-cv-1386
Hon. Hala Y. Jarbou
OPINION
Petitioner, a United States Immigration and Customs Enforcement (ICE) detainee currently
detained at the North Lake Processing Center located in Baldwin, Lake County, Michigan, initiated
this action by filing a counseled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.
(Pet., ECF No. 1.) For the following reasons, the Court will conditionally grant Petitioner’s petition
for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.
Discussion
I. Procedural History
In Petitioner’s § 2241 petition, Petitioner challenges the lawfulness of his current detention
and asks the Court to, inter alia, accept jurisdiction over this action and issue a writ of habeas
corpus pursuant to 28 U.S.C. § 2241 ordering Respondents to release Petitioner or to conduct a
bond hearing. (Pet., ECF No. 1, PageID.3–4.)
In an order entered on April 29, 2026, the Court directed Respondents to show cause, within
three business days, why the writ of habeas corpus and other relief requested by Petitioner should
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not be granted. (Order, ECF No. 3.) Respondents filed their response on May 4, 2026, (ECF No. 4),
and Petitioner filed his reply on May 6, 2026, (ECF No. 5).
II. Factual Background
Petitioner is a native and citizen of Guatemala. (Pet., ECF No. 1, PageID.2; Notice to
Appear (NTA), ECF No. 4-1, PageID.52.) Petitioner entered the United States in December 2023
without inspection. (NTA, ECF No. 4-1, PageID.52.) After Petitioner entered the United States,
Department of Homeland Security (DHS) agents encountered Petitioner, and on December 27,
2023, DHS issued Petitioner a Form I-862, NTA, charging Petitioner with inadmissibility under
§ 212(a)(6)(A)(i) of the Immigration and Nationality Act (INA) because Petitioner is an immigrant
“present in the United States without being admitted or paroled, or who arrived in the United States
at any time or place other than as designated by the Attorney General.” (NTA, ECF No. 4-1,
PageID.71.) DHS released Petitioner into the United States on his own recognizance.1 (See 2026
Form I-213, ECF No. 4-2, PageID.57.) Thereafter, Petitioner filed an asylum application, which
remains pending, and Petitioner received authorization to work in the United States. (Pet., ECF
No. 1, PageID.2; Reply, ECF No. 5, PageID.61.)
On May 1, 2026, ICE encountered and arrested Petitioner when he was a passenger in a
vehicle that was part of a “target[ed] . . . enforcement action.”2 (2026 Form I-213, ECF No. 4-2,
1 Contrary to the Court’s directions in the Order to Show Cause, Respondents failed to “indicate
the statutory basis for [Petitioner’s] release or parole into the United States in their written
response,” failed to “provide copies of the relevant documents that show the statutory basis for
Petitioner’s release or parole into the United States,” and failed to “provide an explanation in their
response as to why they [we]re unable to [provide the documents].” (Order, ECF No. 3.)
2 Respondents do not argue that Petitioner is subject to mandatory detention pursuant to 8 U.S.C.
§ 1226(c), and there is nothing in the record presently before the Court to suggest that Petitioner
or the driver of the vehicle in which Petitioner was a passenger were law enforcement targets for
any reason other than their status as noncitizens.
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PageID.56.) Petitioner was scheduled for a master calendar hearing on May 6, 2026, in the Detroit
Immigration Court.3 (Notice of Hearing, ECF No. 4-3.)
III. Habeas Corpus Legal Standard
The Constitution guarantees that the writ of habeas corpus is “available to every individual
detained within the United States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004) (citing U.S.
Const., Art I, § 9, cl. 2). Section 2241 of Title 28 confers the federal courts with the power to issue
writs of habeas corpus to persons “in custody in violation of the Constitution or laws or treaties of
the United States.” 28 U.S.C. § 2241. This includes challenges by non-citizens in immigration-
related matters. See Zadvydas v. Davis, 533 U.S. 678, 687 (2001); see also A. A. R. P. v. Trump,
145 S. Ct. 1364, 1367 (2025).
IV. Exhaustion
Respondents argue that the Court should deny Petitioner’s request for habeas corpus relief
because Petitioner has not exhausted his administrative remedies. Specifically, Respondents argue
that Petitioner should pursue a bond hearing and, if necessary, appeal any unfavorable decision to
the Board of Immigration Appeals.
The Court declines to enforce the doctrine of prudential exhaustion against Petitioner, and
even if the Court were to conclude that exhaustion is warranted, the Court concludes in the
alternative that waiver of exhaustion is appropriate, for the reasons set forth in the Court’s
exhaustion analysis in each of the following cases: Antele Cobix v. Raycraft, No. 1:25-cv-1669,
2025 WL 3562651, at *2–3 (W.D. Mich. Dec. 12, 2025); Candela Bastidas v. Noem, No. 1:25-cv-
1528, 2025 WL 3562638, at *2–4 (W.D. Mich. Dec. 12, 2025); Acuna Sanchez v. Noem, No. 1:25-
3 The parties do not provide any other information about the May 6, 2026, hearing.
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cv-1442, 2025 WL 3562577, at *2–4 (W.D. Mich. Dec. 12, 2025); Penagos Robles v. U.S. Dep’t
of Homeland Sec., No. 1:25-cv-1578, 2025 WL 3558128, at *2–3 (W.D. Mich. Dec. 12, 2025).
Accordingly, the Court will proceed to address the merits of Petitioner’s § 2241 petition.
V. Merits Discussion
A. Statutory Basis for Petitioner’s Detention
Petitioner contends that Respondents have violated the INA by concluding that Petitioner
is detained pursuant to the mandatory detention provisions set forth in 8 U.S.C. § 1225(b)(2).
Respondents, however, contend that Petitioner meets every element for detention under
§ 1225(b)(2), and that the statute’s structure and history support Respondents’ interpretation.
The Court concludes that § 1226(a), not § 1225(b)(2)(A), governs noncitizens, such as
Petitioner, who have resided in the United States and were already within the United States when
apprehended and arrested for the reasons set forth in the Court’s statutory analysis in each of the
following cases: Antele Cobix v. Raycraft, No. 1:25-cv-1669, 2025 WL 3562651, at *3–6 (W.D.
Mich. Dec. 12, 2025); Candela Bastidas v. Noem, No. 1:25-cv-1528, 2025 WL 3562638, at *4–6
(W.D. Mich. Dec. 12, 2025); Acuna Sanchez v. Noem, No. 1:25-cv-1442, 2025 WL 3562577,
at *4–7 (W.D. Mich. Dec. 12, 2025); Penagos Robles v. U.S. Dep’t of Homeland Sec., No. 1:25-
cv-1578, 2025 WL 3558128, at *3–6 (W.D. Mich. Dec. 12, 2025).4
B. Fifth Amendment Due Process Considerations
Petitioner also argues that his detention violates the Fifth Amendment’s Due Process
Clause. Respondents counter Petitioner’s arguments by stating that Petitioner has received notice
4 The Court is aware of Buenrostro-Mendez v. Bondi, 166 F.4th 494 (5th Cir. 2026), which was
recently issued by the United States Court of Appeals for the Fifth Circuit, and Avila v. Bondi, 170
F.4th 1128 (8th Cir. 2026), which was recently issued by the United States Court of Appeals for
the Eighth Circuit. At this time, these non-binding cases do not change the Court’s analysis.
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of the charges against him, has access to counsel, and may attend hearings with an immigration
judge.
The Court concludes that Petitioner’s current detention under the mandatory detention
framework set forth in § 1225(b)(2)(A) violates Petitioner’s Fifth Amendment due process rights
for the reasons set forth in the Court’s constitutional analysis in each of the following cases:
Antele Cobix v. Raycraft, No. 1:25-cv-1669, 2025 WL 3562651, at *6–8 (W.D. Mich. Dec. 12,
2025); Candela Bastidas v. Noem, No. 1:25-cv-1528, 2025 WL 3562638, at *7–8 (W.D. Mich.
Dec. 12, 2025); Acuna Sanchez v. Noem, No. 1:25-cv-1442, 2025 WL 3562577, at *7–9 (W.D.
Mich. Dec. 12, 2025); Penagos Robles v. U.S. Dep’t of Homeland Sec., No. 1:25-cv-1578, 2025
WL 3558128, at *6–8 (W.D. Mich. Dec. 12, 2025).
VI. Other Claims and Other Forms of Relief
Because the Court will conditionally grant Petitioner’s § 2241 petition as set forth herein,
the Court does not address other claims and other requested relief in Petitioner’s § 2241 petition.
VII. Proper Respondents
Respondents argue that the Detroit ICE Field Office Director is the only proper Respondent
in this action. The Court concludes that the Detroit ICE Field Office Director is not the only proper
Respondent for the reasons set forth in the Court’s analysis of the same argument in each of the
following cases: Antele Cobix v. Raycraft, No. 1:25-cv-1669, 2025 WL 3562651, at *8–9 (W.D.
Mich. Dec. 12, 2025); Candela Bastidas v. Noem, No. 1:25-cv-1528, 2025 WL 3562638, at *8–9
(W.D. Mich. Dec. 12, 2025); Acuna Sanchez v. Noem, No. 1:25-cv-1442, 2025 WL 3562577,
at *9–10 (W.D. Mich. Dec. 12, 2025); Penagos Robles v. U.S. Dep’t of Homeland Sec., No. 1:25-
cv-1578, 2025 WL 3558128, at *9–10 (W.D. Mich. Dec. 12, 2025).
To ensure that this Court’s orders regarding a hearing or release will bind at least one
Respondent with authority to act in the event that Petitioner is transferred out of the Western
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District of Michigan, the Court will retain the Detroit ICE Field Office Director and the United
States Secretary of Homeland Security as Respondents.
Conclusion
For the reasons discussed above, the Court will enter a judgment conditionally granting
Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) The
Court will order Respondents to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a)
within five business days of the date of this Court’s opinion and judgment with notice to the Parties
as soon as practicable, no later than 24 hours prior to the scheduled hearing, or, in the alternative,
immediately release Petitioner from custody.5 The Court will also order Respondents to file a status
report within six business days of the date of this Court’s opinion and judgment to certify
compliance with this opinion and the corresponding judgment. The status report shall include if
and when the bond hearing occurred, if bond was granted or denied, and if bond was granted, the
conditions of the bond, or if bond was denied, the reasons for the denial.
Dated: May 7, 2026 /s/ Hala Y. Jarbou
HALA Y. JARBOU
CHIEF UNITED STATES DISTRICT JUDGE
5 This Court has adopted a standard practice of requiring such a hearing within five business days,
even if the Petitioner requests a deadline that is shorter or longer or only release.
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