Castillo Montero v. Raycraft et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
WILSON DAVID CASTILLO MONTERO,
Petitioner,
v.
KEVIN RAYCRAFT et al.,
Respondents.
____________________________/
Case No. 1:26-cv-711
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, assume jurisdiction over this matter and issue a writ of habeas
corpus pursuant to 28 U.S.C. § 2241 ordering Respondents to release Petitioner and requiring
Respondents to provide notice and a hearing before re-detaining Petitioner. (Pet., ECF No. 1,
PageID.8.)
In an order entered on March 6, 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
Case 1:26-cv-00711-HYJ-PJG ECF No. 7, PageID.<pageID> Filed 04/06/26 Page 1
of 7

2
not be granted. (Order, ECF No. 3.) Respondents filed their response on March 11, 2026, (ECF
No. 4), and Petitioner filed his reply on March 16, 2026, (ECF No. 5.)
II. Factual Background
Petitioner is a native and citizen of Colombia. (Pet., ECF No. 1, PageID.4; 2022 Form
I- 213, ECF No. 4-1, PageID.64.) Petitioner entered the United States on or about December 4,
2022. (Pet., ECF No. 1, PageID.4.) Petitioner applied for asylum on December 1, 2023, and was
granted employment authorization until February 9, 2029. (Id.; 2023 Form I-797C, Notice of
Action, ECF No. 1-1, PageID.13–14.) The Department of Homeland Security (DHS) paroled
Petitioner into the United Stated until February 4, 2023. (ECF No. 1-1, PageID.11.) Petitioner has
no criminal history. (2026 Form I-213, ECF No. 4-1, PageID.66.)
DHS agents encountered Petitioner and his family on December 4, 2022. (See 2022 Form
I-213, ECF No. 4-1, PageID.64.) DHS charged 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,” (Id.) Petitioner and his
family were released into the United States. (Id.)
On February 23, 2026, DHS agents detained Petitioner during a targeted traffic stop in
Detroit, Michigan. (2026 Form I-213, ECF No. 4-1, PageID.66.) Petitioner’s parole was expired
at the time of the traffic stop. (Cf. dates of ECF No. 1-1, PageID.11 to 2026 Form I-213, ECF No.
4-1, PageID.66.) DHS served Petitioner with a Notice to Appear (NTA), which charged Petitioner
with inadmissibility under §§ 212(a)(6)(A)(i) and 212(a)(7)(A)(i)(I) of the 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,” and “who,
at the time of application for admission, is not in possession of a valid unexpired [immigration or
Case 1:26-cv-00711-HYJ-PJG ECF No. 7, PageID.<pageID> Filed 04/06/26 Page 2
of 7

3
travel document].” (2026 NTA, ECF No. 4-1, PageID.75.) DHS also served Petitioner with a
Warrant for Arrest of Alien. (ECF No. 4-4, PageID.77.) The Detroit Immigration Court scheduled
an internet-based master hearing for March 27, 2026.1 (Notice of Internet-Based Hearing, ECF
No. 4-5, PageID.79.)
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-
1 The parties have not provided any information regarding the March 27, 2026, hearing.
Case 1:26-cv-00711-HYJ-PJG ECF No. 7, PageID.<pageID> Filed 04/06/26 Page 3
of 7

4
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).
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).2
2 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,
No. 25-3248, --- F.4th ----, 2026 WL 819258 (8th Cir. Mar. 25, 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.
Case 1:26-cv-00711-HYJ-PJG ECF No. 7, PageID.<pageID> Filed 04/06/26 Page 4
of 7

5
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
of the charges against him, has access to counsel, may attend hearings with an immigration judge,
has the right to appeal the denial of any request for bond, and has been detained by ICE for a
relatively short period of time.
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, and they seek the dismissal of all of the other named Respondents.3 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:
3 The GEO Group and the Warden of the North Lake Correctional Facility were terminated
previously as Respondents in the Court’s Order to Show Cause. (Order, ECF No. 3, PageID.21.)
Case 1:26-cv-00711-HYJ-PJG ECF No. 7, PageID.<pageID> Filed 04/06/26 Page 5
of 7

6
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
District of Michigan, the Court will retain the Detroit ICE Field Office Director and the Secretary
for the Department of Homeland Security as Respondents. The Court will dismiss the United States
Attorney General as a Respondent.
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.4 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
4 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.
Case 1:26-cv-00711-HYJ-PJG ECF No. 7, PageID.<pageID> Filed 04/06/26 Page 6
of 7

7
conditions of the bond, or if bond was denied, the reasons for the denial. Further, the Court will
dismiss the United States Attorney General as a Respondent.
Dated: April 6, 2026 /s/ Hala Y. Jarbou
HALA Y. JARBOU
CHIEF UNITED STATES DISTRICT JUDGE
Case 1:26-cv-00711-HYJ-PJG ECF No. 7, PageID.<pageID> Filed 04/06/26 Page 7
of 7