1:26-cv-00308•Trujillo v. Raycraft et al
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______ EDMUNDO TRUJILLO, Petitioner, v. KEVIN RAYCRAFT et al., Respondents. ____________________________/ Case No. 1:26-cv-308 Honorable Jane M. Beckering 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. 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, “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.32–33.) Case 1:26-cv-00308-JMB-SJB ECF No. 6, PageID.<pageID> Filed 02/18/26 Page 1 of 4
2 In an Order entered on January 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 not be granted. (Order, ECF No. 3.) Respondents filed their response on February 3, 2026 (ECF No. 4), and Petitioner filed his reply on February 8, 2026 (ECF No. 5). II. Factual Background Petitioner is a native and citizen of Mexico. (Pet., ECF No. 1, PageID.2; Notice to Appear (NTA), ECF No. 4-1, PageID.48.) Petitioner was admitted to the United States at the Ysleta, Texas, Port of Entry on June 24, 2015, “as a nonimmigrant visitor for pleasure with authorization to remain in the United States for a temporary period not to exceed 6 months.” (NTA, ECF No. 4-1, PageID.48.) However, Plaintiff has remained in the United States since that time. (Id.; Pet., ECF No. 1, PageID.2.) On November 10, 2025, ICE agents encountered and arrested Petitioner. (Pet., ECF No. 1, PageID.2.) Petitioner was scheduled for a master calendar hearing on February 9, 2026, in the Detroit Immigration Court. (Notice of Internet-Based Hearing, ECF No. 4-2, PageID.52.) 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). Case 1:26-cv-00308-JMB-SJB ECF No. 6, PageID.<pageID> Filed 02/18/26 Page 2 of 4
3 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.32– 33.) 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 42–44.) 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, which is the relief that Petitioner seeks in this action, the Court will dismiss this action without prejudice. 1 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 Case 1:26-cv-00308-JMB-SJB ECF No. 6, PageID.<pageID> Filed 02/18/26 Page 3 of 4
4 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: Jane M. Beckering United States District Judge 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. February 18, 2026 /s/ Jane M. Beckering Case 1:26-cv-00308-JMB-SJB ECF No. 6, PageID.<pageID> Filed 02/18/26 Page 4 of 4
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