1:25-cv-01313•Contreras Alvarez v. Noem et al
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______ JUAN ALBERTO CONTRERAS ALVAREZ, Petitioner, v. KRISTI NOEM et al., Respondents. ____________________________/ Case No. 1:25-cv-1313 Honorable Jane M. Beckering OPINION Petitioner Juan Alberto Contreras Alvarez initiated this action on October 28, 2025, by filing a counseled combined petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 and complaint for emergency injunctive relief. (§ 2241 Pet., ECF No. 1.) Petitioner is a United States Immigration and Customs Enforcement (ICE) detainee currently detained at the North Lake Processing Center located in Baldwin, Lake County, Michigan. Petitioner challenges the lawfulness of his current detention and asks the Court for the following relief: accept jurisdiction over this matter; order Respondents not to transfer Petitioner out of the Western District of Michigan during the pendency of these proceedings; issue a writ of habeas corpus pursuant to 28 U.S.C. § 2241 ordering Respondents to immediately release Petitioner or, in the alternative, to provide petitioner with an individualized bond hearing before an immigration judge within seven days; declare that Respondents’ classification of Petitioner under § 235(b) of the Immigration and Nationality Act (INA) is unlawful; and award attorneys’ fees and costs for this action. (§ 2241 Pet., ECF No. 1, PageID.11.) Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 1 of 18
2 In an Order (ECF No. 3) entered on October 29, 2025, the Court directed Respondents to show cause, within three business days, why the writ of habeas corpus and other relief requested by Petitioner should not be granted. Respondents filed their response (ECF No. 4) on November 3, 2025. Petitioner filed his reply (ECF No. 6) on November 6, 2025. For the following reasons, the Court will grant Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Discussion I. Factual Allegations Petitioner is a native and citizen of Mexico. (Cooper Decl. ¶ 4, ECF No. 4-1, PageID.40.) Respondents represent that Petitioner “last entered the United States at an unknown place, on an unknown date without being inspected and admitted or paroled by immigration officials.” (Id.) Petitioner represents that he “has been present in the United States for over sixteen (16) years.” (§ 2241 Pet., ECF No. 1, PageID.1.) On September 25, 2025, ICE agents arrested Petitioner at or near Chicago, Illinois. (Cooper Decl. ¶ 5, ECF No. 4-1, PageID.40.) Petitioner, however, represents that he was detained on September 24, 2025, “outside his workplace.” (§ 2241 Pet., ECF No. 1, PageID.4.) Petitioner was charged with inadmissibility pursuant to § 212(a)(6)(A)(i)(I) of the INA because Petitioner is an “immigrant who was present in the United States without having been admitted or paroled, or who arrived at a time or place not designated by the Attorney General.” (Cooper Decl. ¶ 6, ECF No. 4- 1, PageID.41.) Petitioner was also charged with inadmissibility pursuant to § 212(a)(7)(A)(i)(I) of the INA as an immigrant who, at the time of application for admission, is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing card, or other valid entry document required by the Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality as required under the regulations issued by the Attorney General under section 211(a) of the Act. Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 2 of 18
3 (Id.) ICE detained Petitioner without bond under § 235 of the INA because Petitioner was, according to Respondents, “an applicant for admission to the United States seeking admission and he is not clearly and beyond doubt entitled to admission.” (Id. ¶ 7.) Petitioner is “currently in removal proceedings on the detained docket before the Detroit Immigration Court.” (Id. ¶ 8.) He appeared for a master calendar hearing on October 27, 2025. (Id., PageID.42.) Petitioner “admitted to all five allegations contained in the [Notice to Appear [NTA)], and conceded that he is inadmissible under [§] 212(a)(6)(A)(i) of the INA.” (Id.) The immigration judge “designated Mexico as the country of return.” (Id.) Petitioner, however, denied inadmissibility under § 212(a)(7)(A(i)(I) of the INA, and indicated his “intent to file a Form EOIR- 42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents.” (Id.) Petitioner is scheduled to appear before the immigration court on November 20, 2025, for another master calendar hearing. (Id. ¶ 9.) Petitioner has not requested a bond hearing. (Id. ¶ 7, PageID.41.) Petitioner represents that at the October 27, 2025 hearing, “counsel for [the Department of Homeland Security (DHS)] indicated that [DHS] opposed Petitioner’s position that the Immigration Judge has jurisdiction over Petitioner’s bond proceedings.” (§ 2241 Pet., ECF No. 1, PageID.4.) II. Exhaustion Respondents first contend that this Court should deny Petitioner’s request for habeas corpus relief because Petitioner has not exhausted his administrative remedies. (ECF No. 4, PageID.18.) Specifically, Respondents argue that Petitioner has not requested a bond hearing, and that if he were to do so, he would have the right to appeal “any unfavorable decision to the Board of Immigration Appeals (BIA).” (Id.) Petitioner avers that the Court should waive any prudential exhaustion requirement. (ECF No. 6, PageID.46.) Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 3 of 18
4 Here, no applicable statute or rule mandates administrative exhaustion by Petitioner. Thus, whether to require exhaustion is within this Court’s “sound judicial discretion.” See Shearson v. Holder, 725 F.3d 588, 593 (6th Cir. 2013) (quoting McCarthy v. Madigan, 503 U.S. 140, 145 (1992)). This discretion is referred to as “prudential” exhaustion, Island Creek Coal Co. v. Bryan, 937 F.3d 738, 746 (6th Cir. 2019), and such a court-made exhaustion rule must comply with statutory schemes and Congressional intent, Shearson, 725 F.3d at 593–94. Notably, the United States Court of Appeals for the Sixth Circuit has not yet decided “whether courts should impose administrative exhaustion in the context of a noncitizen’s habeas petition for unlawful mandatory detention.” See Pizzaro Reyes v. Raycraft, No. 25-cv-12546, 2025 WL 2609425, at *3 (E.D. Mich. Sept. 9, 2025) (citing Hernandez v. U.S. Dep’t of Homeland Sec., No. 1:25-cv-1621, 2025 WL 2444114, at *8 (N.D. Ohio Aug. 25, 2025)). However, courts within the Sixth Circuit “have applied the three-factor test, set forth in United States v. California Care Corp., 709 F.2d 1241 (9th Cir. 1983),” to determine whether prudential exhaustion should be required. See Lopez-Campos v. Raycraft, No. 2:25-cv-12486, 2025 WL 2496379, at *4 (E.D. Mich. Aug. 29, 2025). Thus, [c]ourts may require prudential exhaustion when: (1) agency expertise makes agency consideration necessary to generate a proper record and reach a proper decision; (2) relaxation of the requirement would encourage the deliberate bypass of the administrative scheme; and (3) administrative review is likely to allow the agency to correct its own mistakes and to preclude the need for judicial review. Id. (citing Shweika v. Dep’t of Homeland Sec., No. 1:06-cv-11781, 2015 WL 6541689, at *12 (E.D. Mich. Oct. 29, 2015)). Upon consideration of these factors, this Court concludes that prudential exhaustion should not be required in Petitioner’s case. First, the central question presented by Petitioner’s § 2241 Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 4 of 18
5 petition is whether 8 U.S.C. § 1225 or 8 U.S.C. § 1226 applies to Petitioner. That determination relies upon a purely legal question of statutory interpretation and does not require the record that would be developed should the Court require Petitioner to exhaust his administrative remedies. Moreover, this Court is not bound by and is not required to give deference to any agency interpretation of a statute. See Loper Bright Enter. v. Raimondo, 603 U.S. 369, 413 (2024) (noting that “courts need not and under the [Administrative Procedure Act (APA)] may not defer to an agency interpretation of the law simply because a statute is ambiguous”). Second, Petitioner’s constitutional challenge to his detention does not require exhaustion. The Sixth Circuit has noted that due process challenges, such as the one raised by Petitioner here, generally do not require exhaustion because the BIA cannot review constitutional challenges. See Sterkaj v. Gonzales, 439 F.3d 273, 279 (6th Cir. 2006). Finally, it is doubtful that BIA review of Petitioner’s custody would preclude the need for judicial review. The Court reaches that conclusion based upon the fact that the Government has clearly set forth its belief that § 1225(b)(1)(A) applies to all aliens who have resided within the United States prior to their arrest and detention. Notably, the BIA recently proclaimed that any individual who has ever entered the United States unlawfully and was later detained is no longer eligible for bond and is subject to mandatory detention under § 1225(b)(2)(A). See Matter of Yajure Hurtado, 29 I&N Dec. 216, 229 (BIA 2025). It is simply unlikely that any administrative review by the BIA would lead to the Government changing its position and precluding judicial review of Petitioner’s § 2241 petition. Accordingly, for the foregoing reasons, this Court concludes that prudential exhaustion is not required. Alternatively, even in situations where a court may ordinarily apply prudential exhaustion, the court may still choose to waive exhaustion. See Lopez-Campos, 2025 WL 2496379, at *4. A Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 5 of 18
6 court may choose to rule upon the merits of the issues presented when the “legal question is fit for resolution and delay means hardship.” See Shalala v. Ill. Council on Long Term Care, Inc., 529 U.S. 1, 13 (2000) (citation omitted). A court may also waive exhaustion if the “pursuit of administrative remedies would be a futile gesture.” Shearson, 725 F.3d at 594 (citation omitted). Here, there is no question that delay would result in hardship to Petitioner. First, as noted above, Petitioner would need to request a bond redetermination hearing before an immigration judge. There is no evidence in the record as to how long Petitioner would have to wait until such a hearing, if any, were scheduled. Petitioner’s request would likely be denied given the BIA’s recent decision in Yajure Hurtado. Then, Petitioner would have the opportunity to appeal any unfavorable decision to the BIA. Appeals of bond denials “typically take six months or more to be resolved at the BIA.” See Rodriguez v. Bostock, 779 F. Supp. 3d 1239. 1245 (W.D. Wash. 2025). As set forth above, Petitioner is scheduled to appear before the immigration court for a master calendar hearing on November 20, 2025. However, the record is silent as to when Petitioner will be scheduled for his final merits hearing. It is possible that a determination from the BIA as to whether Petitioner is entitled to bond would come before any final decision regarding removal. Nevertheless, it is unmistakable that “depriving [Petitioner] of his liberty while awaiting a BIA appeal decision certainly equates to hardship. And any delay results in the very harm [Petitioner] is trying to avoid . . . – detention.” See Lopez-Campos, 2025 WL 2496379, at *5. In sum, the Court declines to enforce the doctrine of prudential exhaustion against Petitioner. Moreover, even if the Court were to conclude that prudential exhaustion is warranted, the Court concludes in the alterative that waiver of exhaustion is appropriate. Accordingly, the Court will proceed to address the merits of Petitioner’s § 2241 petition. Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 6 of 18
7 III. 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). (§ 2241 Pet., ECF No. 1, PageID.7.) According to Petitioner, “[t]he statutory structure distinguishes between those arriving at the border (§ 1225) and those already admitted to or residing in the [United States] (§ 1226).” (Id., PageID.8.) Respondents, however, contend that Petitioner “unambiguously meets every element for detention under § 1225(b)(2),” and that “even if the text of § 1225(b)(2) were ambiguous, its structure and history support the agency’s interpretation of the statute.” (ECF No. 4, PageID.21.) In order to address the parties’ arguments, this Court must engage in principles of statutory interpretation. “A statute should be construed so that effect is given to all its provisions.” Corey v. United States, 556 U.S. 303, 314 (2009); see also Kentucky v. Biden, 23 F.4th 585, 603 (6th Cir. 2022 (noting how courts “must give effect to the clear meaning of statutes as written”). When engaging in statutory interpretation, the Court’s “inquiry ‘begins with the statutory text, and ends there as well if the text is unambiguous.’” See In re Vill. Apothecary, Inc., 45 F.4th 940, 947 (6th Cir. 2022) (quoting Binno v. Am. Bar Ass’n, 826 F.3d 338, 346 (6th Cir. 2016)). But, “the ‘meaning—or ambiguity—of certain words or phrases may only become evident when placed in context.’” See King v. Burwell, 576 U.S. 473, 486 (2015) (quoting FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 132 (2000)). “The words of a statute must be read in their context and with a view to their place in the overall statutory scheme.” Roberts v. Sea-Land Servs., Inc., 566 U.S. 93, 101 (2012). This Court must also “use every tool at [its] disposal to determine the best reading of the statute.” Raimondo, 603 U.S. at 400. Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 7 of 18
8 With these principles in mind, the Court begins with the language of the statutes in question. Section 1225(b)(2)(a) provides that “in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title.” See 8 U.S.C. § 1225(b)(2)(a). An “applicant for admission” is defined as “[a]n alien present in the United States who has not been admitted or who arrives in the United States.” See id. § 1225(a)(1). The INA further defines “admission” and “admitted” as “the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.” See 8 U.S.C. § 1101(a)(13). Section 1226(a), on the other hand, states that “[o]n a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States.” See 8 U.S.C. § 1226(a). Respondents argue that Petitioner “unambiguously is an ‘applicant for admission’ under the plain text of [§ 1225] because he is a noncitizen, he was not admitted to the United States, and he was present in the United States when he was apprehended.” (ECF No. 4, PageID.22 (citing 8 U.S.C. § 1225(a)(1); Dep’t of Homeland Sec. v. Thuraissigiam, 591 U.S. 103, 140 (2020)). Respondents further assert that because “Petitioner has not agreed immediately to depart, logically he must be seeking to remain—a legal action that requires ‘admission,’ i.e., a lawful entry.” (Id., PageID.23.) Respondents also argue that “applicant for admission” presumptively “characterizes all unlawfully present noncitizens as applying for admission until they are either removed or successfully obtain a lawful entry, regardless of their subjective intent.” (Id.) Essentially, Respondents assert that § 1225(b)(2)(A) mandates the detention of any noncitizen who is “present” in the United States and who has not been lawfully admitted. However, for the reasons discussed Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 8 of 18
9 below, this Court agrees with the numerous other courts in the country that have concluded that Respondents’ interpretation of the statute is too broad. As set forth supra, § 1225(b)(2)(A) provides for the detention of an “alien seeking admission” after an “examining immigration officer” determines that the alien “is not clearly and beyond a doubt entitled to be admitted.” In this Court’s opinion, the phrase “seeking admission” refers to an action that is currently occurring and that would occur at the United States’ border when the alien is being inspected. Here, under the facts and circumstances of Petitioner’s case, an “examining immigration officer” did not make a determination as to whether Petitioner was not clearly and beyond a doubt entitled to be admitted when Petitioner came into the United States over 16 years ago. Petitioner was not crossing the border when he was arrested and detained. Instead, Petitioner was detained on September 24 or 25, 2025, near Chicago, Illinois. (§ 2241 Pet., ECF No. 1, PageID.4; Cooper Decl. ¶ 5, ECF No. 4-1, PageID.40.) Furthermore, while Petitioner has indicated an intent to seek cancellation of removal and adjustment of status, there is nothing in the record currently before the Court to suggest that Petitioner has ever attempted to gain lawful status since entering the United States over 16 years ago. In light of the foregoing, the Court concludes that § 1225(b)(2)(A) applies to aliens undergoing inspection, which generally occurs at the United States’ border, when they are seeking lawful entry into the United States. Thus, because the record shows that Petitioner resided in the United States for over 16 years before being arrested and detained, there is simply no logical reason to interpret § 1225(b)(2)(A) as applying to Petitioner given that Petitioner was not actively “seeking admission” during those 16 years. Unlike § 1225(b)(2)(A), section 1226(a) provides that, when dealing with “apprehension and detention of aliens,” the Attorney General may issue a warrant and “arrest[] or detain[] [an Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 9 of 18
10 alien] pending a decision on whether the alien is to be removed from the United States.” See 8 U.S.C. § 1226(a). Here, § 1226(a) applies to Petitioner’s situation—Petitioner was apprehended in Illinois, arrested, and detained. Petitioner has been detained pending removal proceedings before an immigration judge; thus, under § 1226(a), the Attorney General has discretion to either detain or release Petitioner on bond or conditional parole. This language clearly allows the alien to request a bond redetermination by an immigration judge. This Court’s conclusion is consistent with the Supreme Court’s clarification that sections 1225 and 1226 apply in different circumstances. See Jennings v. Rodriguez, 583 U.S. 281 (2018). As the Jennings Court noted, § 1225 is part of the “process of decision [that] generally begins at the Nation’s borders and ports of entry, where the Government must determine whether an alien seeking to enter the country is admissible.” Jennings, 583 U.S. at 287. Section 1226, however, applies to the process of “arresting and detaining” aliens who are already living within the United States but are still subject to removal. See id. at 287. Thus, in Jennings, the Supreme Court differentiated between noncitizens arriving to the United States, who are, therefore, governed by § 1225, and noncitizens already present in the country and who are, accordingly, governed by § 1226. The broader language of the statute, as recently amended, further supports the Court’s conclusion. Recently, Congress passed the Laken Riley Act, which amended § 1226 to classify a subset of noncitizens as exempt from the discretionary bond analysis. Specifically, the Act added a subsection that explicitly mandates detention for those noncitizens who are inadmissible under §§ 1182(a)(6)(A), 1182(a)(6)(C), and 1182(a)(7), and who have been arrested for, charged with, or convicted of certain crimes. See 8 U.S.C. § 1226(c)(1)(E). If the Court accepted Respondents’ Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 10 of 18
11 interpretation of §§ 1225 and 1226, § 1226(c)(1)(E) would be rendered entirely superfluous. See Corey, 556 U.S. at 314 (“A statute should be construed so that effect is given to all its provisions.”). In sum, the Court concludes that § 1226(a), and not § 1225(b)(2)(A), governs noncitizens, such as Petitioner, who have resided in the United States for many years and were already within the United States when apprehended and arrested. The reading of the pertinent statutes clearly supports this conclusion. This Court has recently reached the same conclusion in several other habeas corpus matter filed by detainees at the North Lake Processing Center. 1 Moreover, this Court is far from the first federal district court to reach this conclusion. 2 1 See Hernandez Garcia v. Raycraft, No. 1:25-cv-1281, 2025 WL 3122800, at *5 (W.D. Mich. Nov. 7, 2025); Rodriguez Serrano v. Noem, No. 1:25-cv-1320, 2025 WL 3122825, at *5–6 (W.D. Mich. Nov. 7, 2025); Salgado Mendoza v. Noem, No. 1:25-cv-1252, 2025 WL 3077589, at *6 (W.D. Mich. Nov. 4, 2025); Ruiz Mejia v. Noem, No. 1:25-cv-1227, 2025 WL 3041827, at *5–6 (W.D. Mich. Oct. 31, 2025); De Jesus Ramirez v. Noem, No. 1:25-cv-1261, 2025 WL 3039266, at *5 (W.D. Mich. Oct. 31, 2025); Escobar-Ruiz v. Raycraft, No. 1:25-cv-1232, 2025 WL 3039255, at *5 (W.D. Mich. Oct. 31, 2025); Marin Garcia v. Noem, No. 1:25-cv-1271, 2025 WL 3017200, at *5 (W.D. Mich. Oct. 29, 2025); Cervantes Rodriguez v. Noem, No. 1:25-cv-1196, 2025 WL 3022212, at *6 (W.D. Mich. Oct. 29, 2025); Puerto-Hernandez v. Lynch, No. 1:25-cv-1097, 2025 WL 3012033, at *9 (W.D. Mich. Oct. 28, 2025); Rodriguez Carmona v. Noem, No. 1:25-cv-1131, 2025 WL 2992222, at *6 (W.D. Mich. Oct. 24, 2025); Sanchez Alvarez v. Noem, No. 1:25-cv- 1090, 2025 WL 2942648, at *6 (W.D. Mich. Oct. 17, 2025). 2 See, e.g., Lopez-Campos, 2025 WL 2496379, at *8; see also Rodriguez, 779 F. Supp. 3d at 1256– 61; Singh v. Lewis, No. 4:25-cv-96-RGJ, 2025 WL 2699219, at *3–5 (W.D. Ky. Sept. 22, 2025); Lopez-Arevelo v. Ripa, No. EP-25-CV-337-KC, 2025 WL 2691828, at *7–12 (W.D. Tex. Sept. 22, 2025); Campos Leon v. Forestal, 1:25-cv-1774-SEB-MJD, 2025 WL 2694763, at *2–5 (S.D. Ind. Sept. 22, 2025); Hasan v. Crawford, No. 1:25-cv-1408 (LMB/IDD), 2025 WL 2682255, at *5–9 (E.D. Va. Sept. 19, 2025); Garcia Cortes v. Noem, No. 1:25-cv-2677-CNS, 2025 WL 2652880, at *2–3 (D. Colo. Sept. 16, 2025); Kostak v. Trump et al., No. 3:25-cv-01093-JE-KDM, 2025 WL 2472136, at *2–4 (W.D. La. Aug. 27, 2025); Romero v. Hyde, No. 1:25-cv-11631-BEM, 2025 WL 2403827, at *8–13 (D. Mass. Aug. 19, 2025); Maldonado v. Olson, No. 0:25-cv-03142-SRN-SGE, 2025 WL 2374411, at *9–16 (D. Minn. Aug. 15, 2025); dos Santos v. Noem, No. 1:25-cv-12052- JEK, 2025 WL 2370988, at *6–9 (D. Mass. Aug. 14, 2025); Lopez Benitez v. Francis, No. 1:25- cv-05937-DEH, 2025 WL 2371588, at *3–9 (S.D.N.Y. Aug. 13, 2025); Rosado v. Figueroa, No. 2:25-cv-02157-DLR, 2025 WL 2337099, at *6–11 (D. Ariz. Aug. 11, 2025), report and recommendation adopted, 2025 WL 2349133 (D. Ariz. Aug. 13, 2025); Gomes v. Hyde, No. 1:25- cv-11571-JEK, 2025 WL 1869299, at *6–8 (D. Mass. July 7, 2025). This is just a representative sampling of the various federal district courts that have reached the same conclusion as this Court. Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 11 of 18
12 Accordingly, for the foregoing reasons, Petitioner’s case is governed by § 1226(a), and he is subject to the discretionary bond determination set forth therein. B. Fifth Amendment Due Process Considerations Petitioner also argues that his detention violates the Fifth Amendment’s Due Process Clause. (§ 2241 Pet., ECF No. 1, PageID.9.) Petitioner avers that his “detention, now over one month and potentially indefinite, has become excessive, punitive, and unconstitutional.” (Id., PageID.9–10.) Respondents counter Petitioner’s arguments by stating that Petitioner has received due process because he “received notice of the charges against him, has access to counsel, may attend hearings with an immigration judge, can request bond at that time, has the right to appeal the denial of any request for bond, and has been detained by ICE for only two weeks.” (ECF No. 4, PageID.35.) Respondents also contend that Petitioner is not due any further process because Petitioner “admits that he entered the country without inspection in 2008 and evaded detection for nearly 17 years.” (Id.) “Freedom from imprisonment—from government custody, detention, or other forms of physical restraint—lies at the heart of the liberty that [the Due Process Clause] protects.” See Zadvydas v. Davis, 533 U.S. 678, 690 (2001). The Fifth Amendment’s Due Process Clause extends to all persons, regardless of status. See A.A.R.P. v. Trump, 605 U.S. 91, 94 (2025). Thus, noncitizens such as Petitioner are entitled to its protections. See id.; see also Chavez-Acosta v. Garland, No. 22-3045, 2023 WL 246837, at *4 (6th Cir. Jan. 18, 2023). As an initial matter, Respondents’ contention that Petitioner has been detained by ICE for only two weeks is contradicted by their own supporting evidence. As set forth above, Petitioner was arrested and detained on September 24 or 25, 2025. (§ 2241 Pet., ECF No. 1, PageID.4; Cooper Decl. ¶ 5, ECF No. 4-1, PageID.40.) Accordingly, Petitioner properly represents that he has been detained for over one month. Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 12 of 18
13 Granted, if this Court agreed with Respondents that Petitioner’s detention is governed by § 1225(b)(2)(A), the Government’s due process argument might hold true. However, as set forth supra, this Court does not agree with Respondents that Petitioner’s detention is governed by § 1225(b)(2)(A). Instead, Petitioner’s detention is governed by § 1226(a). Section 1226(a) clearly sets forth a discretionary framework for detention or release of an alien subject to that provision. The statute explicitly allows the Attorney General to continue to detain the arrested alien, or release the alien with either “bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General,” or “conditional parole.” See 8 U.S.C. § 1226(a)(1), (2). This discretionary framework “requires a bond hearing to make an individualized custody determination.” See Lopez-Campos, 2025 WL 2496379, at *9. The Sixth Circuit has held that the balancing test set forth in Mathews v. Eldridge, 424 U.S. 319 (1976), regarding the adequacy of process, applies in the context of immigration detention. See United States v. Silvestre-Gregorio, 983 F.3d 848, 852 (6th Cir. 2020). Thus, under Mathews, this Court must consider the following three factors: “(1) the private interest that will be affected by the official action; (2) the risk of erroneous deprivation of that interest; and (3) the government’s interest, including the fiscal and administrative burdens that the additional or substitute procedures entail.” See Lopez-Campos, 2025 WL 2496379, at *9 (citing Mathews, 424 U.S. at 335). The first Mathews factor clearly weighs in favor of Petitioner. There is no dispute that Petitioner has a significant private interest in avoiding detention, as one of the “most elemental of liberty interests” is to be free from detention. See Hamdi v. Rumsfeld, 542 U.S. 507, 529 (2004). The Court may also consider Petitioner’s conditions of confinement, i.e., “whether a detainee is held in conditions indistinguishable from criminal incarceration.” See Günaydin v. Trump, No. 25- CV-01151 (JMB/DLM), 2025 WL 1459154 at *7 (D. Minn. May 21, 2025) (citing Hernandez- Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 13 of 18
14 Lara v. Lyons, 10 F.4th 19, 27 (1st Cir. 2021); Velasco Lopez v. Decker, 978 F.3d 842, 851 (2d Cir. 2020)). Petitioner, through counsel, represents that he “is married, has two U.S. citizen children, and provides sole financial support for his family.” (§ 2241 Pet., ECF No. 1, PageID.1.) Petitioner represents further that he “has established deep family and community ties, living in Chicago, Illinois.” (Id., PageID.4.) Here, Petitioner is now detained at a processing center that is in a different state than his home and support system, and there can be no doubt that he is “experiencing [many of] the deprivations of incarceration, including loss of contact with friends and family, loss of income earning, . . . lack of privacy, and, most fundamentally, the lack of freedom of movement.” See Günaydin, 2025 WL 1459154 at *7. The second Mathews factor also weighs in Petitioner’s favor. An individualized bond hearing ensures that an immigration judge can assess whether Petitioner poses a flight risk or a danger to the community, reducing the risk that Petitioner will suffer an “erroneous deprivation”of his rights. See Lopez-Campos, 2025 WL 2496379, at *9. Under the third Mathews factor, the Court recognizes that the Government “does, indeed, have a legitimate interest in ensuring noncitizens’ appearance at removal proceedings and preventing harms to the community.” See Sampiao v. Hyde, No. 1:25-cv-11981-JEK, 2025 WL 2607924, at *12 (D. Mass. Sept. 9, 2025). However, given the record available to the Court, Respondents have not established a significant interest in potentially “detaining someone who [could convince] a neutral adjudicator, following a hearing and assessment of the evidence, that his ongoing detention is not warranted.” See id. Furthermore, Respondents have not established that an individualized hearing would pose “administrative or financial costs” in this case—“[t]o the contrary,” Respondents’ position “requires the government to continue funding and overseeing [Petitioner’s] detention[.]” See id. Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 14 of 18
15 In sum, the Court’s balancing of the Mathews factors weighs in Petitioner’s favor. Accordingly, 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. IV. Prohibition on Transfer and Proper Respondents Petitioner requests that the Court order Respondents “not to transfer Petitioner out of the Western District of Michigan during the pendency of these proceedings to preserve jurisdiction and access to counsel.” (§ 2241 Pet., ECF No. 1, PageID.11.) “The writ of habeas corpus does not act upon the prisoner who seeks relief, but upon the person who holds him in what is alleged to be unlawful custody.” Braden v. 30th Jud. Circuit Ct. of Ky., 410 U.S. 494–95 (1973). Thus, [r]ead literally, the language of § 2241(a) requires nothing more than that the court issuing the writ have jurisdiction over the custodian. So long as the custodian can be reached by service of process, the court can issue a writ ‘within its jurisdiction’ requiring that the prisoner be brought before the court for a hearing on his claim, or requiring that he be released outright from custody, even if the prisoner himself is confined outside the court's territorial jurisdiction. Id. at 495. The Sixth Circuit has “conclude[d] that a detained alien generally must designate his immediate custodian—the INS District Director for the district where he is being detained—as the respondent to his habeas corpus petition.” Roman v. Ashcroft, 340 F.3d 314, 322 (6th Cir. 2003). Here, Petitioner has named United States Secretary of Homeland Security Kristi Noem; ICE Detroit Field Office Director Robert Lynch; and ICE Detroit Enforcement and Removal Operations Director Kevin Raycraft. Respondents request that Secretary Noem and Director Lynch be dismissed because Respondent Raycraft, “the Acting Detroit ICE Field Office Director[,] is the only proper respondent in this habeas suit.” (ECF No. 4, PageID.37.) Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 15 of 18
16 In Roman, the Sixth Circuit stated that while it “conclude[d] that the immediate custodian rule generally applies to alien habeas corpus petitioners, [there is] the possibility of exceptions to this rule.” Roman, 340 F.3d at 322. The Roman court went on to note: Some courts are also willing to make an exception to the immediate custodian rule in other extraordinary circumstances. For example, courts have noted the INS’s ability, as a practical matter, to deny aliens any meaningful opportunity to seek habeas corpus relief simply by transferring aliens to another district any time they filed a habeas corpus petition. Chavez–Rivas[v. Olsen], 194 F. Supp. 2d [368,] 374 [(D.N.J. 2002)]. Aliens remaining in detention for extended periods are often transferred several times during their detention. See Lee v. Ashcroft, 216 F. Supp. 2d 51, 55 (E.D.N.Y. 2002) (“[T]he location of custody, and the identity of the day- to-day custodian, frequently change when detainees are transferred among INS facilities, all of which are under the control of the Attorney General.”). Rosenbloom, supra, at 549. In light of these transfers, one court reasoned that an alien may properly name a respondent other than his immediate custodian because a petition naming a higher level official, such as the Attorney General, could be adjudicated without interruption in the event of a transfer. Arias–Agramonte[v. Comm’r], [No. 00 CIV. 2412 (RWS),] 2000 WL 1617999, at *8 [(S.D.N.Y. Oct. 30, 2000)] (explaining that a petition naming only one’s immediate custodian would be dismissed when the alien was transferred to another local district). Id. at 325–26. Thus, “an exception might be appropriate if the INS were to exercise its transfer power in a clear effort to evade an alien’s habeas petitions.” Id. at 326. In light of the foregoing, the Court declines to enter an order directing Respondents not to transfer Petitioner out of the Western District of Michigan during the pendency of these proceedings, especially given that these proceedings will conclude with the entry of this opinion and accompanying judgment. The Court, however, recognizes the need to ensure that Respondents maintain authority to enforce this Court’s grant of habeas relief and directive that Petitioner receive a bond hearing or, alternatively, be released. The Court, therefore, will not dismiss Secretary Noem as a Respondent to these proceedings. Moreover, the Court notes that Director Lynch has remained as a Respondent after the Court’s adjudication of several § 2241 petitions filed by detainees at the North Lake Processing Center. See, e.g., Ruiz Mejia, 2025 WL 3041827; De Jesus Ramirez, 2025 WL 3039266; Marin Garcia, 2025 WL 3017200; Cervantes Rodriguez, 2025 WL 3022212; Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 16 of 18
17 Puerto-Hernandez, 2025 WL 3012033; Rodriguez Carmona, 2025 WL 2992222; Sanchez Alvarez, 2026 WL 2942648. The Court, therefore, will also not dismiss Director Lynch as a Respondent to these proceedings. V. Summary The Court rejects Respondents’ argument that Petitioner’s detention is governed by § 1225(b)(2)(A) and, therefore, that Petitioner is subject to mandatory detention. Instead, the Court concludes that Petitioner’s detention is governed by § 1226(a) and, therefore, that Petitioner is entitled to a discretionary and individualized bond determination as set forth in that statute. Likewise, the Court concludes that because Petitioner’s detention is governed by § 1226(a), his current detention under § 1225(b)(2)(A) violates Petitioner’s Fifth Amendment due process rights. 3 As a court in the Eastern District of Michigan recently stated, “[t]he recent shift to use the mandatory detention framework under Section 1225(b)(2)(A) is not only wrong but also fundamentally unfair. In a nation of laws vetted and implemented by Congress, we don’t get to arbitrarily choose which laws we feel like following when they best suit our interests.” Lopez- Campos, 2025 WL 2496379, at *10. Petitioner is entitled to a bond hearing, bit the Court notes that the immigration judge is in a better position to evaluate whether Petitioner poses a flight risk 3 In his § 2241 petition, Petitioner also raises a claim that the BIA’s July 8, 2025, memorandum that “abrupt[ly] reclassify[ed] . . . long-term residents as ‘arriving aliens’ is arbitrary and capricious” under the Administrative Procedure Act (APA). (§ 2241 Pet., ECF No. 1, PageID.9.) However, the APA only provides for review of agency action “for which there is no other adequate remedy in a court.” See 5 U.S.C. § 704; see also Trump v. J.G.G., 604 U.S. 670, 674 (2025) (Kavanaugh, J., concurring). Here, the Court has concluded that the writ of habeas corpus provides an adequate remedy for Petitioner’s claims that his detention violates both the Fifth Amendment’s Due Process Clause and the INA. Accordingly, “habeas corpus, not the APA, is the proper vehicle here,” see Trump, 604 U.S. at 674, and the Court declines to consider Petitioner’s APA claim. Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 17 of 18
18 and a danger to the community. Accordingly, the Court leaves to the immigration judge’s sound discretion a determination on that issue. Conclusion For the reasons discussed above, the Court will enter a Judgment granting Petitioner’s petition for 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 accompanying Judgment or, in the alternative, immediately release Petitioner from custody. The Court will also order Respondents to file a status report within six business days of the date of this Court’s Opinion and accompanying Judgment to certify compliance with this opinion. The status report shall include if and when the bond hearing occurred, if bond was granted or denied, and if bond was denied, the reasons for the denial. Dated: Jane M. Beckering United States District Judge November 12, 2025 /s/ Jane M. Beckering Case 1:25-cv-01313-JMB-SJB ECF No. 8, PageID.<pageID> Filed 11/12/25 Page 18 of 18
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