4:25-cv-00374•Case Name in Immigration Case - Unavailable
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION L.D.F. : : Petitioner, : : v. : Case No. 4:25-cv-374-CDL-AGH : 28 U.S.C. § 2241 Warden, STEWART DETENTION : CENTER, et al., : : Respondents. : _________________________________ ORDER Pending before the Court is Petitioner’s application for a writ of habeas corpus (ECF No. 1). Petitioner is a native and citizen of Mexico who entered the United States in 1997 and has resided here ever since. Pet. ¶¶ 42, 45, ECF No. 1; Graumenz Decl. ¶ 3, ECF No. 5-1. On September 11, 2025, she was taken into United States Immigration and Customs Enforcement (“ICE”) custody and has been detained since then. Graumenz Decl. ¶ 9. Petitioner contends that she is entitled to a discretionary bond hearing under 8 U.S.C. § 1226(a). Respondents argue that Petitioner is not entitled to a bond hearing because she is detained under 8 U.S.C. § 1225(b)(2), which mandates detention for certain aliens, without an opportunity for a bond hearing. As Respondents concede, though, the issue presented in this action is identical to the issue the Court decided in J.A.M. v. Streeval, No. 4:25-cv-342-CDL, 2025 WL 3050094 (M.D. Ga. Nov. 1, 2025). Based on the Court’s rationale in J.A.M., the Court finds that Petitioner’s detention is governed by 8 U.S.C. § 1226(a). The Court thus Case 4:25-cv-00374-CDL-AGH Document 8 Filed 11/25/25 Page 1 of 2
2 grants Petitioner’s petition for a writ of habeas corpus to the extent that the Court orders Respondents to provide Petitioner with a bond hearing to determine if Petitioner may be released on bond under § 1226(a)(2) and the applicable regulations. See 8 C.F.R. §§ 236.1 & 1236.1. IT IS SO ORDERED, this 25th day of November, 2025. S/Clay D. Land CLAY D. LAND U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA Case 4:25-cv-00374-CDL-AGH Document 8 Filed 11/25/25 Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.