Cruz Gutierrez v. Raycraft et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
LENIN DEL ROSARIO CRUZ
GUTIERREZ,
Petitioner,
v.
KEVIN RAYCRAFT et al.,
Respondents.
____________________________/
Case No. 1:26-cv-243
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 dismiss Petitioner’s petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2241 without prejudice.
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, “declare that 8 U.S.C.
§ 1226(a)—and not 8 U.S.C. § 1225(b)(2)(A)—is the appropriate statutory provision that governs
Petitioner’s detention,” 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 under § 1226(a). (Pet., ECF No. 1,
PageID.29–30.)
In an order entered on January 23, 2026, the Court directed Respondents to show cause,
within three business days, why the writ of habeas corpus and other relief requested by Petitioner
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should not be granted. (Order, ECF No. 3.) Respondents filed their response on January 28, 2026,
(ECF No. 4), and Petitioner filed his reply on February 1, 2026, (ECF No. 5).
II. Factual Background
Petitioner is a native and citizen of Nicaragua. (Pet., ECF No. 1, PageID.2; Notice to
Appear (NTA), ECF No. 4-1, PageID.45.) Petitioner entered the United States on March 23, 2021,
as a B-1 Temporary Business Visitor “with authorization to remain in the United States for a
temporary period not to exceed September 22, 2021.” (NTA, ECF No. 4-1, PageID.45; 2022 Form
I-213, ECF No. 4-2, PageID.50.)
On March 25, 2022, Petitioner and his family presented themselves to the Detroit ICE
office. (See 2022 Form I-213, ECF No. 4-2, PageID.50.) At that time, ICE issued Petitioner a Form
I-862, NTA, charging Petitioner with removability under Immigration and Nationality Act (INA)
“[s]ection 237(a)(1)(B) . . . [because he] ha[d] remained in the United States for a time longer than
permitted.” (NTA, ECF No. 4-1, PageID.45.) ICE then released Petitioner into the United States
on his own recognizance. (Id., PageID.51.)
On January 5, 2026, ICE took Petitioner into custody when he attended a scheduled ICE
check-in appointment. (Pet., ECF No. 1, PageID.2.) There is no indication in the record presently
before the Court that any hearing in Immigration Court is scheduled for Petitioner.
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-
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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. Discussion
Noncitizens “who are held in custody under 8 U.S.C. § 1226(a), while their petitions for
review of their removal orders are pending, are entitled to a bond hearing before an immigration
judge.” Leonardo v. Crawford, 646 F.3d 1157, 1160 (9th Cir. 2011) (citation omitted); see, e.g.,
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-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).
As relief in this action, Petitioner asks the Court to “declare that 8 U.S.C. § 1226(a)—and
not 8 U.S.C. § 1225(b)(2)(A)—is the appropriate statutory provision that governs Petitioner’s
detention” 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 under § 1226(a). (Pet., ECF No. 1, PageID.29–
30.) Respondents, through counsel, acknowledge that § 1226 governs Petitioner’s present
detention because he overstayed his visa after being lawfully admitted to the United States, and
they concede that they would provide a § 1226(a) bond hearing to Petitioner if Petitioner requested
it. (Resp., ECF No. 4, Page 39–41.) There is no indication in the record presently before the Court
that Petitioner has requested a bond hearing under § 1226(a) in Immigration Court. In light of
Respondents’ concession that, if requested, Petitioner would receive § 1226(a) bond hearing,
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which is the relief that Petitioner seeks in this action, the Court will dismiss this action without
prejudice.1
V. Conclusion
For the reasons discussed above, the Court will enter a judgment dismissing Petitioner’s
petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 without prejudice.
Dated: February 12, 2026 /s/ Hala Y. Jarbou
HALA Y. JARBOU
CHIEF UNITED STATES DISTRICT JUDGE
1 If contrary to Respondents’ concession in their brief, when Petitioner requests a bond hearing in
Immigration Court, Respondents do not in fact provide Petitioner with a § 1226(a) bond hearing
where the Immigration Judge concludes that he or she has jurisdiction to consider the bond request,
then Petitioner would be free to file a new § 2241 petition requesting that this Court order
Respondents to provide Petitioner with a § 1226(a) bond hearing.
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